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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

How can the owner of a vehcile remove the co-owner from the title and would they need the co-owner's consent?

Any action would be governed by state statutes concerning ownership rights. In most states the way a vehicle is titled to persons who are not married depends on how it is owned. Generally, if the title reads John Doe "and" Mary Smith then the vehicle belongs to each person equally and both need to agree on what if any action can be taken. If the title reads John Doe "or" Mary Smith, they both own the vehicle separately and either party can sell it w/o the consent of the other. The safest option would be to contact the state DMV for the required information.

What should you do if your wife refuses to get a job yet gripes about not having a car even though you have financial problems and little money?

If you have young children then it's hardly worth the effort because you'll have to pay someone to look after your children and it doesn't come cheap (unless your parents or hers agrees to look after them.) When you have children it's almost a must to have a car to get the kids to school, dental appointments, doctors appointments, etc. If you can't afford it you just can't afford it and she'll have to accept that. If you have no children then put your foot down and tell her to get a job or keep quiet and you're doing the best you can. Financial problems hit most of us and it can be very stressful. Good luck

Does Virginia recognize owelty liens?

Probably not. But, you don't really need one most likely as a Warranty Deed or even a Special Warranty Deed with a Vendor's Lien will accomplish the same purpose. If you are getting divorced and trying to pay the ex spouse their equity, check with the title agent. Then, your mortgage broker needs to understand the transaction and coordinate with the title agent so that the vendor's lien will be paid (rolled in) properly.

If you voluntarily give your car back to bank can they garnish your wages or put a lien on your home?

In most cases YES. You should talk to an attorney in your area for state specific advice.

Yes, if the lender obtains a judgment for the deficiency.

Get fl auction license?

GET 1 YEAR PASS AT: http://www.seized-cars.net/

How do i deal with car loan when deployed?

If recalled to active duty (from US reserves) you should utilize the SSCRA (soldiers and sailors civil relief act) to have your car loan interest reduced to 6% or less (maybe prime rate) or possibly suspend the loan while your auto sits in storage. If you are full time active duty or not a US citizen, you're on your own.

Can a car dealership get a repossession company and a constable to repossess your vehicle?

YES, its called 'writ of replevin" and takes days, not months.

If the repo-man has the proper documents he/she may take it lawfully WITHOUT POLICE PRESENT. The police usually only attend for a "Keep the Peace" call if the repo-man suspects trouble. The police are usually notified of such a seizure because most people reort the vehicle stolen when they return and find it missing.

They repo vehicles all the time. However you could take them to court, becouse it is a denial of "due Process".

How can you find out the name of a previous car owner?

== == Automobile ownership records are PUBLIC information, and are held by the State or Province that issued the car's number plates. Check with the government's automobile registry for this info.

How does fulton's steamboat work exactly?

Made of steel and some glass, the very powerful steam would help move the boat approxiamtely 5 miles per hour. This allowed the boat to move against the wind

In Texas can a repo company charge for you to get your personal belongings?

no they have to give you anything that is not part of the car, they have to give you notice they have things of yours for 30 days i think or 15 one of the 2 if you bought a stero then they get to keep it same goes for rims or anything that is bolted down

What is a right to cure?

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.

Does the owner have to sign title in order for you to transfer a car you repoed?

Most titles I have signed had instructions on the back. Call your local DMV to be sure you get it right the first time.

Can a person remove their name as a cosigner for a vehicle?

No, the primary borrower would need to refinance the vehicle in their name only or with a different co-signer. Person's who agree to being a co-signer usually do so with good intentions of helping out family members or friends. Unfortunately it often turns out badly with the co-signer getting "stuck" with the debt and problems with their personal credit.

Can you have a co-signer removed from a title after the car is repossessed?

AnswerIf the primary on the contract does not pay then the lienholder comes after the co-signer for the payment. The credit of both the primary and co-signer are going to show repossession. If the lender has kept the title in its files as part of the loan process and is listed as a primary lienholder, it can sell the vehicle after the repossession.
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