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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 the lien holder take the car form the impound before the 30 day hold is up?

While I am not familiar with this "30 day hold," but the lien holder of a vehicle may take possession of the vehicle at any time after the loan has been defaulted. That is if you the borrower go delinquent on payments, and the vehicle is impounded (potentially for parking violations or excess unpaid tickets), the lien holder will receive notice. Actually they receive notice of impound even if you are not delinquent. If the lien holder pays the outstanding impound and storage fees, they may take possession of the vehicle.

Can i finance or lease after repossession?

In many cases yes. While the repossession will negatively affect your credit rating, your record still indicates you have had credit. It is actually easier for those with bad creidt to get a loan than those with no credit. It will just cost you more in interest.

When a vehicle has been repossessed and taken to the auction does Honda carry insurance on it?

Not only does Honda have insurance on the vehicle, so does the repossession company, the storage company, the transport company, and the aution agency.

Can you find previous cars owned by a person without any information on the cars?

Certainly. In some states you can contact the Department of Motor Vehicles and get a vehicle ownership report. In most cases, you will need that person's drivers license number or social security number.

You can also get this information by SSN or by address from on line companies such as Accurint or Fast Data.

If your house is being repossessed how long to you have to be out?

You'd need to check your local laws, since it's not the same everywhere; don't rely on the following information being correct for your location.

Generally speaking:

You should get a notice telling you the date on which the house will be sold (this will probably be called a Trustees' Sale or something like that). After that occurs, you'll receive a notice that it has been sold and specifying a date by which you must vacate the property. That date may vary depending on whether the people living in the house were the former owners themselves or someone renting the property from the former owners; the notice will probably give both dates if there is a difference.

If you do not voluntarily leave by the date specified, then you can be evicted. How long the eviction process itself takes can vary. The new owners may offer you an inducement to leave nicely, like "If you turn over the property in good condition within a week, we'll give you two hundred dollars." (This is usually called "Cash for keys", and if you do get such an offer, it will probably be considerably lower than the new owners are willing to go; you can probably negotiate for either more time or more money or both as long as you're reasonable.)

An eviction on your record looks very bad to prospective landlords, so you really want to avoid that if possible.

Can your car be repossessed after filing bankruptcy if you are up to date on payments?

On the surface, no. As long as you have not defaulted on the loan contract, there is no reason for repossession. The lender wants your money, not your car.

What if someone is driving a car without your consent?

If the vehicle is registered to you, then this is grand theft. Call the police and report it.

If the vehicle is not owned by you, then it may be theirs and they have a perfect right to drive their own vehicle.

Can you buy a used car if the seller has a loan on it?

Yes, but the price would most likely be higher then average because you'd be forced to pay off the remainder of the loan and whatever the car buyer wants for it.

What is the repo rate as on today 09-05-10?

The rate changes daily. On average, the second largest repossession forwarding agency recovers around 5000 vehicles a month nationwide. This can vary depending on the time of year. For 2009, this same company recovered in excess of 65,000 vehicles. This is a small drop in the bucket when you consider over 700,000 vehicles were purchased in a three month period in 2009 under the Cash for Clunkers program.

What is RWA buyer?

In fact, an aggressive buyer who writes an offer at full asking price will get beat out by another buyer that offers LESS money for the house, because the second buyer is an RWA Buyer!

What is an RWA Buyer?

Ready to buy!

Knowledge is an important part of purchasing a home. You need a professional to guide you through, to sidestep the pitfalls.

Willing to commit!

You must be willing to commit to the purchase not "Just Looking"

Able to purchase!

It is imperative you have your financing solidly in place. Over 90% of all failed escrows are due to failed loans. That is why cash investors get such great deals - there are no loans to fail! As normal buyer, you need to get a solid loan commitment from a lender who can and will fund that loan.

What happens if you tell the owner you cant pay and he wont come get the car but then takes you to court?

You show up in court on the date you are summoned and answer to the judge. You explain to the judge that the lender refused voluntary repossession of the vehicle. You ask for payment arrangements to be made by the judge on the outstanding balance, less court cost, legal fees, and any additional collection fees.

Then you pay the debt you contracted to pay.

Or, you file bankruptcy before the first case goes to court.

Why is he unable to get the car?

  1. Perhaps he does not have a skilled skip tracer like me looking for it.
  2. Perhaps the car has been taken to another state (see #1).
  3. Perhaps the person who has the car has moved (see #1).
  4. Perhaps the person who has the car is gone to work, and the repo agent does not know where that person works (see #1).
  5. Perhaps the person who has the car is very skilled at hiding it (and see #1).
  6. Perhaps the person has sold the car (and see #1).
  7. Perhaps he needs the tag number of the vehicle to help him identify it (see #1).
  8. Perhaps he does not know the color of the vehicle and it is so common as to not stand out (see #1).
  9. Perhaps it is blocked in by another vehicle.
  10. Perhaps it is closed in a garage or other structure.
  11. Perhaps it is never in a towable position.
  12. Perhaps it is parked on a street where he is not looking.
  13. Perhaps he has not gotten out of the truck to identify the vehicle.
  14. Perhaps he is unable to identify the vehicle because the VIN is obscured or covered.
  15. Perhaps because the car has a security system that prevents him from entering to disengage the shifter.
  16. Perhaps it is an all wheel drive vehicle and the repo agent does not have access to a rollback (flat bed tow truck) and does not know how to disengage the linkage.
  17. Perhaps his truck is broken down.
  18. Perhaps there are no wheels on the car.
  19. Perhaps the car has been booted.
  20. Perhaps another repo company beat him to it.
  21. Perhaps the person lives in a gated-guarded community and cannot gain access because he does not know how and does not have a skilled skip tracer like me to tell him how.

Why won't they repossess the car?

There are a number of reasons they may not repossess the car:

1. The vehicle is totalled or damage beyond the value of the loan or repossession charges.

2. They cannot locate the vehicle because...

a. It is not in a towable position.

b. It is blocked in.

c. It is secured in a garage or structure.

d. It is an all wheel drive vehicle and they do not have a rollback (flat bed tow truck) or do not know how to disengage the linkage.

e. They cannot enter the vehicle to disengage the shifter due to a high end security system.

f. The car is located in a gated-guarded community and they cannot gain access.

3. They cannot identify the vehicle because...

a. They do not know the color.

b. They do not have the tag #.

c. They cannot read the VIN because it is obscured or covered.

4. They do not have a repossession agency contract in the area where the vehicle is located.

5. They require you to voluntarily surrender the unit by...

a. ...bringing it to a dealership...

b. ...bringing it to an approved third party...

...and you refuse.

Why was you refused a car loan?

You was refused a car loan, perhaps because you isa poor credit risk.

Any time you miss a payment on a loan, or are late with utillity or credit card payments, this affects your credit in a negative (bad) way. It lowers your credit score. This is the number the lenders use to determine how great a risk you are for repaying a loan to them. If the number is low, you are a risky borrower. If the number is high, the risk is lower and you would tpyically get a loan.

One other factor that can lower your credit score is your current debt to income ratio. That is the amount of money you pay in bills every month compared to the amount of money you make. If your debt to income ratio is higher than 25%, it is less likely you will get a loan.

You surrender a car and cant pay what happens?

When you surrender the vehicle, it will be sold at auction. The purchase amount will be applied to the balance owed on the loan, repossession fees, interest, penalties, and transportation costs. If the purchase amount exceeds this, the remaining amount should be refunded to you. If the purchase amount is less than the owed balance, you will still have to pay what is owed. If you fail to do so, the lender may seek judgment against the amount owed. This can increase the balance owed again, due to court costs, legal fees, and collection costs.

You just paid what they said you were behind on and they Repo it anyway with no notice?

Notice is not necessary in all state prior to repossession. In fact it is not necessary in most states.

If you have paid current on the loan, and the repossession occurred anyway, this is likely a communication lag between the lender and the repossession company. It happens often. Contact your lender and explain what happened. Be patient and polite--they are not required to return the vehicle. They likely will because they want your money not the car. Ask the lender how you can get your vehicle back. Ask them who has your vehicle, and call that company to explain the vehicle was "wrongfully repossessed" and why. Again, be patient and polite--these people have your car.

Can i be in trouble with buying my repo vehicle back?

No. Happens all the time, but I've never quite figured out why.

Consider this: you owe $1000.00 on your car. It gets repossessed. You do not redeem it, so it get sent to auction. The repossession fees are $300.00 dollars which is applied to what you owed. Now you owe $1300.00. It cost another $200.00 for transportation fees, which is also added to what you owe. Before it is sold, the car is stored for ten days at $50 per day. The storage fee is also yours. So, now you owe $2000.00. The car sells at auction for $500.00. That amount is applied to the balance you owe. You bought it so you got a good deal on a used car. But, wait a minute, you still owe the lender $1500.00 for the past due balance and the accrued fees from repossession. So, you didn't get such a good deal. All you did is remove the security the lender had on the original loan and leave them no other option but to sue you for the balance. Now they are going to garnish your wages, garnish your bank accounts, and hound you for at least ten years.

$1000 - Unpaid balance

+$300 - Repossession Fees

$1300

+$200 - Transportation Fees

$1500

+$500 - Storage Fees

$2000

-$500 - What you paid for the same car at auction

$1500 - What you still owe.

If you had the $500 to buy your car back at auction, why not just pay that to the lender to redeem your car after it was repoed? Or, better yet, why not just pay it before the car is repoed and avoid it altogether?

If you get a repossessed car back is it removed from your credit?

No. Your credit report is a record of all transactions on reported accounts. The repossession will show in the history, but so will the redemption.

In Texas how many months before repossession?

No months. It will be more like weeks or days. In practice, you can be one day past due and the lender can send your vehicle for repossession. It might be months before the actual repossession happens; it will depend on how difficult it is for the agency to secure it.

If you paid off the charged off auto loan can you get the title for the car?

Not necessarily. In this state certain legal work and a bill of sale must be filled out precisely and correctly. You must get legal proof you paid off the loan. Certain taxes must be paid. After you have jumped through all the required legal hoops, then you can get the title. Temporary tags exist to show you have met all requirements but are waiting for the title.

Can an employer garnish your wages at will?

Your employer does not garnishee your pay.

He must comply with a legal order from someone else to do so and has no choice.

He may not fire you for this also.

If your employer does garnishee he must have a valid legal order to do so. If he does not he is stealing from you