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Repossession

Seizure of property bought on credit for which loan payments are not being received. Please note that when asking a car repossession question, it is often useful to include the state that you live in. This will enable people to give you better answers.

11,694 Questions

Can you file chpt 7 Bk and keep a 2nd home or will it be taken?

When you say your too broke to pay others back as you promised them you would....your available assets need to be used to pay off those debts...although those people are still hurt (sometimes badly) for your failure. (Because understand, going bankrupt means your not just failing, but a failure.) Now, don't be shocked by this...because heaven forbid something (like paying or performing on your promises) may impinge on your having what you want and feel you deserve...you may have to give up the Lear, the second house...etc.

What is a buy here pay here car lot?

This usually refers to a car dealer that does their own financing. Because there is often no bank, you would pay the car lot directly.

Can a lienholder initiate repossession of a car without any other supporting agreements besides the title?

If your name is in the lien holder place on the title, YES! You are the true legal owner of the vehicle. Contact your local repo agency and explain the situation. Mind you, you will have to pay them to do it... and it varies so I couldn't tell you how much it would be. You must provide them with a copy of the title with your name on it and a form authorizing them to pick up the vehicle.

Lori, did you get the matter resolved?

In Georgia usa how much notice must a lender give a borrower before selling a repo at auction in another state?

When you finance or lease a vehicle, your creditor holds important rights on the vehicle until you've made the last loan payment or fully paid off your lease obligation. These rights are established by the signed contract and by state law. If your payments are late or you default on your contract in any way, your creditor may have the right to repossess your car. Talking with Your Creditor

It is easier to try to prevent a vehicle repossession from taking place than to dispute it afterward. Contact your creditor when you realize you'll be late with a payment. Many creditors will work with you if they believe you'll be able to pay soon, even if slightly late. Sometimes you may be able to negotiate a delay in your payment or a revised schedule of payments. If you reach an agreement to modify your original contract, get it in writing to avoid questions later. Still, your creditor may refuse to accept late payments or make other changes in your contract and may demand that you return the car. By voluntarily agreeing to a repossession, you may reduce your creditor's expenses, which you would be responsible for paying. Remember that even if you return the car voluntarily, you're responsible for paying any deficiency on your credit or lease contract, and your creditor still may report the late payments and/or repossession on your credit report. Seizing the Car

In many states, your creditor has legal authority to seize your vehicle as soon as you default on your loan or lease. Because state laws differ, read your contract to find out what constitutes a "default." In most states, failing to make a payment on time or to meet your other contractual responsibilities are considered defaults. In some states, creditors are allowed on your property to seize your car without letting you know in advance. But creditors aren't usually allowed to "breach the peace" in connection with repossession. In some states, removing your car from a closed garage without your permission may constitute a breach of the peace. Creditors who breach the peace in seizing your car may have to pay you if they harm you or your property. A creditor usually can't keep or sell any personal property found inside. State laws also may require your creditor to use reasonable care to prevent others from removing your property from the repossessed car. If you find that your creditor can't account for articles left in your car, talk to an attorney about whether your state offers a right to compensation. Selling the Car

Once your creditor has repossessed your car, they may decide to sell it in either a public or private sale. In some states, your creditor must let you know what will happen to the car. For example, if a creditor chooses to sell the car at public auction, state law may require that the creditor tells you the date of the sale so that you can attend and participate in the bidding. If the vehicle is to be sold privately, you may have a right to know the date it will be sold. In either of these circumstances, you may be entitled to buy back the vehicle by paying the full amount you owe, plus any expenses connected with its repossession (such as storage and preparation for sale). In some states, the law allows you to reinstate your contract by paying the amount you owe, as well as repossession and related expenses (such as attorney fees). If you reclaim your car, you must make your payments on time and meet the terms of your reinstated or renegotiated contract to avoid another repossession. The creditor must sell a repossessed car in a "commercially reasonable manner" - according to standard custom in a particular business or an established market. The sale price might not be the highest possible price - or even what you may consider a good price. But a sale price far below fair market value may indicate that the sale was not commercially reasonable. Paying the Deficiency

A deficiency is any amount you still owe on your contract after your creditor sells the vehicle and applies the amount received to your unpaid obligation. For example, if you owe $2,500 on the car and your creditor sells the car for $1,500, the deficiency is $1,000 plus any other fees you owe under the contract, such as those related to the repossession and early termination of your lease or early payoff of your financing. In most states, a creditor who has followed the proper procedures for repossession and sale is allowed to sue you for a deficiency judgment to collect the remaining amount owed on your credit or lease contract. Depending on your state's law and other factors, if you are sued for a deficiency judgment, you should be notified of the date of the court hearing. This may be your only opportunity to present any legal defense. If your creditor breached the peace when seizing the vehicle or failed to sell the car in a commercially reasonable manner, you may have a legal defense against a deficiency judgment. An attorney will be able to tell you whether you have grounds to contest a deficiency judgment. Remember this repossession will stay on your credit for 7 years.

Is there a legal form letter that can be sent requesting items be returned in good condition and in a timely manner?

Yes, and you have already written the best part. "You are still in possession of my XYZ, as we agreed in March. Please return my XYZ to me in good condition no later than November 1. If you would like to keep my XYZ beyond that date, or you cannot return it in good condition, I will expect you to pay me for its loss or damage."

Someone comes in your home without permission?

Great Question! You are "pre-planning". Effective crisis management relys on Pre-planning, Preparation and Practice.Each are critical. THE LAW: Generally, it's trespassing to enter someone else's residence without permission or some other legal authority (ie: emergency, search warrant, etc..). Its Burglary to enter without permission AND intend to commit a secondary crime (IE: theft, assault, property damage, etc). Safety FIRST! 1) Do you perceive a threat? Consider the method of entry - did they just walk in the open front door during the afternoon, or break in during the night? What is their demeanor? Are they yelling threats? Are they armed? If you perceive any threat, call 9-1-1 IMMEDIATELYand stay on the line (if safe to do so). If you can, manually activate any intrusion alarm. ** NOTE - Do not be afraid that police will be upset if the incident turns out to be a non-event. Police live by the "Better safe than sorry" principal. And I've never heard of police charging a good-faith resident for response to a disturbance or threats call that later was deemed false. If in doubt, MAKE THE CALL. 2) Get Away. In most cases its best to get away, as in remove yourself from the threat and go to a neighbor's house. (Tip: The intrusion only makes a good story if you survive to tell it.) Consider dialing 9-1-1 as you go then just leave the phone off the hook. Police typically will still respond to 9-1-1 "open lines". If you can't leave (or decide to stay), 3) Fortify and Defend. Close and lock doors between you and the intruder. Arm yourself. Almost anything can be used as some sort of weapon. Besides the obvious guns and kitchen knives - consider an iron, scissors, a floor lamp, a fire extinguisher, even a towel wrapped around someone's head is better than nothing. And don't forget those chemical sprays under the kitchen and bathroom sinks - aim for the face. 4) Get An "ATTITUDE".Mentally be ready for confrontation. I don't mean be a mad-man (at least yet). But know that you are defending your safety and the safety of your family. It's your house, your stuff and your overall quality of life. Defend it. Be dominating. Have the mindset of a respected superhero rescuer - you are not a victim. 5) Loudly Order the intruder "THIS IS MY HOME! GET OUT IMMEDIATELY! POLICE ARE ON THE WAY!"The phrase sets your authority (homeowner); takes away any misconceived "permission" the intruder may have; and confirms a real and timely threat to the intruder (IE: police). It also sets a good foundation for arrest and prosecution of the intruder. Note: Telling the intruder you are armed may in turn cause the intruder to arm himself and prepare a different attack. In either case (Intruder armed or unarmed)he may not know you are armed. You may not want to tell him you are armed - It gives away whatever element of surprise you may have had. ** Step 5 is where honest mistakes are typically ruled out (IE: the really drunk neighbor who just came into your house by mistake or your child who came home from college three-days early). Those people will generally speak up pretty quickly after you make the announcement. If you can, note - The intruder's physical description (height, build, hair color, tattoos, etc...), - what the intruder is wearing (clothing & jewelry); and, if they leave, - the intruder's method and direction of travel, ie: "running north on main street" The descriptions will aid law enforcement in identification and apprehension. REMEMBER: SAFETY FIRST!!!

Can a dealership repossess a vehicle in Arizona before the due date of the single payment of the remaining balance on a vehicle you are purchasing?

Sounds like you are getting into the nitty-gritty of repo...check the codes below...

Arizona

TITLE STATE: Yes SECURITY INTERESTS: Shown on title, title mailed to debtor, lien-holder record mailed to lien-holder. LICENSE REGISTRATION: The Arizona Department of Transportation, Motor Vehicle Division, 1801 W. Jefferson, Phoenix, Arizona 85007. Tel:(602)255-7011. RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace. DOCUMENTS REQUIRED FOR LIQUIDATION: Arizona Lien-holder record or out-of-state title, AZ MVD "Affidavit of Repossession/Bill of Sale" form and vehicle inspection if vehicle not previously registered in Arizona. PLATES: As of 01/01/02 - plates now belong to the registered owner of the vehicle. They remain with the debtor. ArizonaRevisedStatutes FormatDocument <a href="http://www.azleg.state.az.us/ars/13/01813.htm ">azleg.state

Will you get arrested if pulled over with revoked tags?

As long as you don't have any outstanding warrants or unpaid tickets, the answer is no. Usually you are given a ticket for expired tags and given an order to have your tags updated or arrange something with your DMV to get your vehicle registration in order.

What day of the week was your car made?

You may be able to determine this from the VIN located on the driver's side at the base of the windshield. You will need to give this number to the dealership and they may be able to translate it for you.

Can a company charge whatever they want if there are no competitors?

Technically, yes, but there would never be such a situation in U.S., as that would be monopoly, which are illegal.

What does it take to open a title company in Texas?

1. Title Company = Actual insurance company ie: Underwriter

2. Title Agency = Agent of the Title Company providing title insurance products and escrow/settlement services.

A title COMPANY is highly regulated by state law in any state. Contact the Texas Department of Insurance as follows:

Texas Department of Insurance Title Division (MC 106-2T) P.O. Box 149104 Austin, Texas 78714-9104 Fax: 512-305-7426 www.tdi.state.tx.us

To open an AGENCY, you must obtain an Abstracting Plant, which is very costly. The Texas Underwriting Manual can be found at: http://www.tdi.state.tx.us/company/titleman.html

The Rate Manual can be found at: http://www.tdi.state.tx.us/company/titlemm3.html

Additionally, contact the Texas DOI for additional licensing requirements: www.tdi.state.tx.us

If you are considering Ch 7 but do not want to include a newly purchased vehicle are you able to still file?

If you're considering Chapter 7, you probably shouldn't have bought a vehicle, which can be considered as asset and included int he bankruptcy. Last year, the government made it considerably harder to file Chapter 7. You should consult an attorney for legal advice on what to do.

check your state laws but if you are making payments and are not delinquent you are normally allowed to keep transportation vehicles for getting to work. however if it is paid for it will be considered an asset and IRS of your creditors can ask for it to be sold to satisfy your debt.

Does someone have to get a person's permission to taking a co-signer off of title on a car that has been paid off?

The co-signer's name is on the loan, not the title, and has nothing to do with selling the car, especially after the loan has been paid off. On the other hand, a CO-OWNER's name is on the title, and it depends on how the two names are listed. If the title is made out to A and B, both must sign when selling it, but if it says A or B, either may sell it without the other's approval or knowledge. There may be exceptions to this in some states if the two are a married couple.

Does the repo guy have to let you know when he is here when he is taking your vehicle?

The "repo" man does not have to inform you if he is at your residence to repossess your vehicle. Once the vehicle has been repossessed he must call it in to either the local police department or Sheriff department. This will prevent any false stolen car reports. Also, the "repo" man does not have the authority to go into your garage or involve the police in the act of repossessing your vehicle. So, if for some reason the "repo" man does get into contact with you and threatens you by saying that he has called the police, he is lying. Bottom line, just pay your bills and you won't have to worry about the "repo" man.

What is the process to file for repossession of apartment in Georgia?

"Repossession" of an apartment?? Are you the landlord?

It sounds like what you are asking is, how to go about evicting a tenant. Most (all?) jurisdictions have some type of landlord/tenant statutes which control this type of matter. Go to your local Clerk of Court's office and ask if they might have the proper forms.

How do you fix a power car door window The motor doesnt work and the pane of glass fell to the bottom of the door?

i believe you take off the inner door panel and manually raise the window or remove to get to the motor and replace it with a new one

duct tape a garbage bag over the hole where the window was. nice and breezy.