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Posts: 6
Registered: ‎05-25-2016
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Deficiency Judgement Question

Hello Everyone! 

 

Here's a question that came up today that i'm curious about.....

 

I filed Chapter 7 in July '16, and was Discharged Sep 29th, '16....in my case I originally reaffirmed my auto loan on my 2015 Toyota Corolla with Southeast Toyota Finance but eventually was so upside down in the car I voluntairly turned it in to the dealership. (I was not behind in payments, but the ratio of the amount due and it's worth, it was pointless for me to keep.) 

 

I received a letter a few months back advising me that the car was picked up from the dealership and would be sold, i would be responsible for the difference, etc etc....

 

 

 

Fast forward to today....  I hadn't given any thought to the Corolla since I had received that original letter, but It just so happened i had a "Facebook Memory" with something about the Corolla and I google the VIN to see if i could find anything. Low and Behold, the car had not only already been purchased by a dealership in Alabama, but a customer had already purchased it again from that dealer (per the Carfax).

 

 

ANYWAYS, Here is my question: Since I never received any correspondence about when, where, and who the auctioneer would be, and apparently the amount it sold for, would this be a valid defense against a deficiency judgement here in the State of Florida, should Toyota still decide to come after me for the difference?

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Posts: 10,314
Registered: ‎03-06-2010
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Re: Deficiency Judgement Question


aaronb99 wrote:

Hello Everyone! 

 

Here's a question that came up today that i'm curious about.....

 

I filed Chapter 7 in July '16, and was Discharged Sep 29th, '16....in my case I originally reaffirmed my auto loan on my 2015 Toyota Corolla with Southeast Toyota Finance but eventually was so upside down in the car I voluntairly turned it in to the dealership. (I was not behind in payments, but the ratio of the amount due and it's worth, it was pointless for me to keep.) 

 

I received a letter a few months back advising me that the car was picked up from the dealership and would be sold, i would be responsible for the difference, etc etc....

 

 

 

Fast forward to today....  I hadn't given any thought to the Corolla since I had received that original letter, but It just so happened i had a "Facebook Memory" with something about the Corolla and I google the VIN to see if i could find anything. Low and Behold, the car had not only already been purchased by a dealership in Alabama, but a customer had already purchased it again from that dealer (per the Carfax).

 

 

ANYWAYS, Here is my question: Since I never received any correspondence about when, where, and who the auctioneer would be, and apparently the amount it sold for, would this be a valid defense against a deficiency judgement here in the State of Florida, should Toyota still decide to come after me for the difference?


^^^This is an excellent question for your Bk attorney. 

 

I am going to move this post to the Bk section so you can get advice - hopefully from an attorney poster. But the best resource is your attorney.

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