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Bank refusal to take back car

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Xyta
Established Member

Bank refusal to take back car

So the car that's securing my $15k loan needs a $7k repair.  The bank told me today (DCU) point blank that they won't accept a voluntary surrender, nor will they repossesnthe vehicle. 

If I include the car in my BK, and the loan is discharged- what happens? The bank won't release their lein, can the trustee force them to and then liquidate the car and use it to pay creditors? I can't imagine that the trustee would sell the car or find a buy who will accept the title with a lein. 

Message 1 of 12
11 REPLIES 11
Guyatthebeach
Valued Contributor

Re: Bank refusal to take back car

Xyta,

 

Welcome to the forum!

 

Can you clarify is the a car loan or a personal loan that was secured with your car?

 

Thanks!

 

Guyatthebeach

Message 2 of 12
Xyta
Established Member

Re: Bank refusal to take back car

It's a car loan

Message 3 of 12
2b2rich
Established Contributor

Re: Bank refusal to take back car

I cant understand why they would refuse to repo it since auctioning it for something and probably suing you for the rest is better than allowing payments to keep getting behind.... unless they're waiting for you to get it fixed and then repo it before you get the payments caught up.

 

anyway, if you include it Bankruptcy then you're released from the obligation to pay for the car and whatever your bank has up their sleeve is likely going to backfire on them, but they would probably pick up the car.

Chapter 7 Discharged & Closed Jan 2020
Message 4 of 12
Brian_Earl_Spilner
Credit Mentor

Re: Bank refusal to take back car


@2b2rich wrote:

I cant understand why they would refuse to repo it since auctioning it for something and probably suing you for the rest is better than allowing payments to keep getting behind.... unless they're waiting for you to get it fixed and then repo it before you get the payments caught up.

 

anyway, if you include it Bankruptcy then you're released from the obligation to pay for the car and whatever your bank has up their sleeve is likely going to backfire on them, but they would probably pick up the car.


Depending on the nature of the repairs, they don't need to wait for repairs. They can file a claim with someone's insurance after repoing the vehicle.

 

As for waiting to pick it up, it's all algorithms. Sometimes it's not cost effective to pick up the vehicle, repair, and sell. In that type of situation, one can continue to use the vehicle without worrying about the payments. If at some point the lender wants it, they can pick it up.

 

The bad news for the registered owner is, even if they're released from the debt, they may still be obligated to insure and register the vehicle until the vehicle is picked up. Failure to do so could make them liable for the damages regardless of being financially responsible for the vehicle. This is mainly because the registered owner would be unable to sell or junk it out, or even give it away. Doing so could lead to charges of theft. One would need to get the lienholder to release the title by either settling on a flat rate or having an attorney motion for a release. Until the lienholder releases or picks up the vehicle, it's on the registered owner to keep it legal for street use if they don't plan to store it.

    
Message 5 of 12
2b2rich
Established Contributor

Re: Bank refusal to take back car


@Brian_Earl_Spilner wrote:

@2b2rich wrote:

I cant understand why they would refuse to repo it since auctioning it for something and probably suing you for the rest is better than allowing payments to keep getting behind.... unless they're waiting for you to get it fixed and then repo it before you get the payments caught up.

 

anyway, if you include it Bankruptcy then you're released from the obligation to pay for the car and whatever your bank has up their sleeve is likely going to backfire on them, but they would probably pick up the car.


Depending on the nature of the repairs, they don't need to wait for repairs. They can file a claim with someone's insurance after repoing the vehicle.

I would think the OP would have already filed a claim to have it fixed if their insurance covers it?

 

As for waiting to pick it up, it's all algorithms. Sometimes it's not cost effective to pick up the vehicle, repair, and sell. In that type of situation, one can continue to use the vehicle without worrying about the payments. If at some point the lender wants it, they can pick it up.

 

The bad news for the registered owner is, even if they're released from the debt, they may still be obligated to insure and register the vehicle until the vehicle is picked up. Failure to do so could make them liable for the damages regardless of being financially responsible for the vehicle. This is mainly because the registered owner would be unable to sell or junk it out, or even give it away. Doing so could lead to charges of theft. One would need to get the lienholder to release the title by either settling on a flat rate or having an attorney motion for a release. Until the lienholder releases or picks up the vehicle, it's on the registered owner to keep it legal for street use if they don't plan to store it.


So they could just store it and not have to keep it insured?  I can see keeping it registered, but if it is kept garaged I wouldn't think dropping the insurance would be an issue(in this case anyway).  Lot of interesting points here you've mentioned that I had no idea about.  Also, I guess I assumed it wasn't currently drivable if it needed that much of a repair.  

Chapter 7 Discharged & Closed Jan 2020
Message 6 of 12
xyta777
New Visitor

Re: Bank refusal to take back car

Yea that's correct, it is not driveable. It needs a whole engine replacemement - it's about an $6000 repair on a vehicle that's worth $14000. It is not covered under either the full coverage insurance or the additional mechanical breakdown insurance - shocker that the lawyers found a way out of that, right?

Message 7 of 12
despritfreya
Frequent Contributor

Re: Bank refusal to take back car


@Xyta wrote:

. . . The bank told me today (DCU) point blank that they won't accept a voluntary surrender, nor will they repossesnthe vehicle.   If I include the car in my BK, and the loan is discharged- what happens? The bank won't release their lein, can the trustee force them to and then liquidate the car and use it to pay creditors? I can't imagine that the trustee would sell the car or find a buy who will accept the title with a lein. 


Sorry I did not respond to this sooner.  I missed it.  You are correct that a Trustee is not going to deal with the vehicle.  In the context of the Chapter 7 your intention may be to surrender but it is unlikely that you can force the lender to take possession of the collateral.  This leaves you in a quandary.  But, I believe there is a resolution your attorney can pursue.

 

1.  If the lender will not take back the property, file and properly serve a Motion to Redeem.  Set the redemption price at some low number (discuss with your attny what would be appropriate under the circumstance).

 

2.  After proper service the lender will either hire an attorney to respond to the Motion or will decide not to respond at all.

 

3.  If the lender responds, your attorney will be able to talk to the lender's attorney.  The lender's attorney may simply direct his/her client to take possession or, for an agreed redemption price (could be more than what the Motion states - it's all a negotiation), get the release of the lien so you can do whatever you need to do to dispose of the vehicle.

 

4. If the lender does not respond, you can seek a Court Order approving the Motion and directing that, upon payment of the redemption amount, the lien is to be released by a date certain.  Upon payment and the passing of the date certain, if the lien is not released you go back to Court to get an Order that acts as a lien release.

 

This sounds like a lot of work but, if you need to dispose of the vehicle and the lender is not willing to take it off your hands, you have to think outside the box.  Discuss this with your attorney as the process needs to be fully explored and understood before you move forward with it or something similar.

 

Des.

Message 8 of 12
Brian_Earl_Spilner
Credit Mentor

Re: Bank refusal to take back car


@2b2rich wrote:

@Brian_Earl_Spilner wrote:

@2b2rich wrote:

I cant understand why they would refuse to repo it since auctioning it for something and probably suing you for the rest is better than allowing payments to keep getting behind.... unless they're waiting for you to get it fixed and then repo it before you get the payments caught up.

 

anyway, if you include it Bankruptcy then you're released from the obligation to pay for the car and whatever your bank has up their sleeve is likely going to backfire on them, but they would probably pick up the car.


Depending on the nature of the repairs, they don't need to wait for repairs. They can file a claim with someone's insurance after repoing the vehicle.

I would think the OP would have already filed a claim to have it fixed if their insurance covers it?

 

As for waiting to pick it up, it's all algorithms. Sometimes it's not cost effective to pick up the vehicle, repair, and sell. In that type of situation, one can continue to use the vehicle without worrying about the payments. If at some point the lender wants it, they can pick it up.

 

The bad news for the registered owner is, even if they're released from the debt, they may still be obligated to insure and register the vehicle until the vehicle is picked up. Failure to do so could make them liable for the damages regardless of being financially responsible for the vehicle. This is mainly because the registered owner would be unable to sell or junk it out, or even give it away. Doing so could lead to charges of theft. One would need to get the lienholder to release the title by either settling on a flat rate or having an attorney motion for a release. Until the lienholder releases or picks up the vehicle, it's on the registered owner to keep it legal for street use if they don't plan to store it.


So they could just store it and not have to keep it insured?  I can see keeping it registered, but if it is kept garaged I wouldn't think dropping the insurance would be an issue(in this case anyway).  Lot of interesting points here you've mentioned that I had no idea about.  Also, I guess I assumed it wasn't currently drivable if it needed that much of a repair.  


The lender will do whatever they need to, to keep their costs down. Even if it may not be covered by insurance they'll still try to file. All they have to do is prove the damages occured while covered and the damages are probably from an accident that would be covered. Thing is, once repoed, people ignore any calls about the vehicle so there's no dispute.

 

As for storing it, it can be registered for non-op and insurance dropped. But, if something happens to it, it's on the registered owner.

    
Message 9 of 12
soxfaininfl
Frequent Contributor

Re: Bank refusal to take back car


@2b2rich wrote:

I cant understand why they would refuse to repo it since auctioning it for something and probably suing you for the rest is better than allowing payments to keep getting behind.... unless they're waiting for you to get it fixed and then repo it before you get the payments caught up.

 

anyway, if you include it Bankruptcy then you're released from the obligation to pay for the car and whatever your bank has up their sleeve is likely going to backfire on them, but they would probably pick up the car.


Not necessarily. PMC Bank never came for my wife's 2013 BMW 335i. It's been 6 years now since she included her car loan in the BK7. She owed 14k on it when she filed. It's still insured and it only has 64k miles. It's driven daily too. 









Message 10 of 12
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