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Christina B | Our vehicle was repossesed The loan company still wants the balance on the loan. can they do this? |
Our vehicle was repossessed. The loan company sold the vehicle
and now they say we are responsible for the balance of the loan.
Is this legal? |
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trai
|
Yes, they can. The amount you borrowed for the car is now quite a bit more than the car's worth. You owe the balance, plus the late fees for the payments you missed, and you will continue to rack those up if you don't make the payments. |
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Nunoyvgvna Awi
|
uhhh yeah, you signed a contract, that contract is still going, even with a repo.
You owe $10,000....its repo'd or you give it back. They sell it at auction (they don't care to get top dollar, not their concern, they just want it gone as they are not a car lot, but a bank). Say they get $6,000 at auction. You know own them $4,000 instantly. Not payments, not another loan, instantly. And that is the law.
The repo alone has now destroyed your credit for at least the next 10 years, not 7 like most think. You will only be at buy here pay here lots paying 3 times the price of a piece of junk. And this extra money owed will also go on there as money not paid and no one else will give you a stitch of credit as long as that is on there...
And with all this, once your other credit cards or what not get a wiff of all this on your report, don't be surprised if they cancel you on the spot as they will now deem you as super high risk.
Smartest move would of been to make the payments, even 1/2 payments is better than nothing or just sold the car off yourself.
Cause you think it was tight before.....its past tight now. |
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ped995
|
sure they can until they sell it. if they take it to an auction and get less than what you owe, then you owe the diffrerence |
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mark_daspit@ameritech.net
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Yes. They mitigated their damages by selling the car. Fact of the matter is, they paid the company you bought the car from, you defaulted on the loan, they sold it for what they could get, and now you owe the balance.
Sorry, but it's just the way the law works. |
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cowboys21angel
 |
Absolutely. When they reposess they resale the vehicle. The difference from what you owed and what they get is still your balance due. If you don't pay, it will go to court. The court will decide what balance you must pay. Beware, don't miss your court appointment, because they will sock it to you and collect from your employer. If you do show up, chances are the court will take into consideration why you didn't/couldn't pay for the vehicle and may reduce your balance, or do away with it. |
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Ally
 |
I'm afraid they can - you owe them the money and you are liable to pay. |
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DEB
 |
WAIT! :-)
This happened to my friend last year.
Just saying YES is incorrect, well incomplete.
The answer is "it depends" and especially note: if they repossess it and sell it, in most jurisdictions they have to DEDUCT THE DIFFERENCE FROM WHAT YOU OWE. Of course if there is more than one (Honda, Honda finance, Citibank, etc) you may to negotiate a three party deal but you are entitled to do so.
"If your car is repossessed, you can get it back by paying the entire loan balance and the cost of repossession or, in some cases, by paying the cost of the repossession and the missed payments, and then continuing to make payments under your contract. If you don't get the car back, the lender will sell it at an auction almost always for far less than it's worth. In most cases, you'll owe the lender the difference between the balance of your loan and what the sale brings in."
http://bankruptcy.findlaw.com/bankruptcy/debt-relief-options/repayment-faq.html
Of course check with your jurisdiction.
If California, try NOLO, they are excellent.
http://www.nolo.com/
Good luck! |
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spice
 |
Yes they can.This is happening to me as I speak.Pay these people 50.00 bucks a month or else you will be getting garnished just like me.They take more out of my pay check then I was paying on the car in the first place.Pay Up,Pay Up,Pay Up.Call them and work out a payment quickly because once that lawyer gets it.It's over. |
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answerman
 |
yes they can. when you named it as collateral you were supposed to make sure you could make the payments so this wouldn't happen. Be thank full it wasn't your house as many times it is. |
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regerugged
 |
Absolutely. You borrowed the money. You owe it back plus interest, fees and penalties. Read your contract. |
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Ryan's mom
|
Yes they can. My husband and I had a car repoed when he lost his job after 9/11 and we owed $17,000 and they only got $7,000 when they auctioned it so we still owed them $10,000 that we are still paying on, and until it is paid off we cannot get a loan for a newer car, even though he has a job making more money than he did at his last job. |
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Lori K
 |
Yes. Sorry. |
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Me
|
The loan company will resell the car to get whatever they can get for it, but you'll still owe a balace once they do so. |
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Anita C
 |
Yes, they can repossess and require you to pay the balance of the loan. But -- there is more to this answer.
Most loan companies realize that their chances of collecting the balance of the loan are slim. Knowing that, they will be highly motivated to work with you on some kind of repayment arrangements. Two options:
(1) If you can afford ANY kind of monthly repayment plan for the remaining loan balance, they may work with you. For instance, you could offer $50 a month.
(2) Or, you can offer to settle the full balance for a lump sum, for pennies on the dollar. In other words, if the difference owed is $2,000, you might offer to settle for $500. Use an income tax refund if you have one coming, to come up with the lump sum.
If you simply have no money whatsoever to pay the loan balance, and they start garnishing wages or taking other negative action, then filing bankruptcy may be the most practical way out.
Good luck. |
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YDoncha_Blowme
 |
Yep. Quite the scam. They sold your car for half of what its worth, then stick you with the balance... |
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