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Did not reaffirm car- never sent paperwork Gm financial

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Did not reaffirm car- never sent paperwork Gm financial

So i am disharged and closed as of last month. December 2018.

 

So GM financial never gave us paperwork to reaffirm. Now when i look at the paperwork that filed we never checked a box for the vehichle lease on what we werte gonna do for it.

 

I have been paying on time. I still can't log in to the online page and they have me listed as in bankruptcy as if the car lease was disharged still.

 

Am I liable for any overage charges etc if i chose to not try adn purchase it?

 

I Messaged my lawyer but gotta wait LoL.. it aint due to March 6th anyways so i got some time to figure this out. 

Message 1 of 10
9 REPLIES 9
Established Member

Re: Did not reaffirm car- never sent paperwork Gm financial

After looking at it. it appears that we did select the option to retain. but it was IIB. we did not get anything from GM financial still

Message 2 of 10
Senior Contributor

Re: Did not reaffirm car- never sent paperwork Gm financial

Couple years back. Close to same situation..........

https://ficoforums.myfico.com/t5/Bankruptcy/GM-Financial/td-p/4198402





My posts are JMHO. I DO NOT claim to be a FICO expert. Just sharing my experiences from rebuild to recovery after BK DC. My siggy is not to brag at all. Just to show fellow members what can be accomplished when you do it right and play the FICO Credit Game.
Message 3 of 10
Established Member

Re: Did not reaffirm car- never sent paperwork Gm financial

My lawyer got back to me. He indicated that if you keep a lease, make payments on it etc and retain the vehichle that you are keeping it pursuint to the original contract.

 

so sigh,.,

 

looks like i may be liable for the mileage but he said it may only be for excess mileage after the discharge date if i wanna push it with the financing company... the lease is with GM financial.. he also recommended I ask if i can get a new lease or purchase etc to waive the fees if i dont want the car.

 

so man that suks. thats abotu 2500 in overage fees.. LOL looks like i may be buying the car instead LMFAO

Message 4 of 10
Established Member

Re: Did not reaffirm car- never sent paperwork Gm financial

New update. I contacted GM financial to inquire about overage payment process, final payment amount and purchase price etc

 

whern i was talking about overages the rep kind of cut me off and was like "nope doesn't apply to you" they said because I did not sign a reaffirmation agreement and the bankruptcy was closed that I am not liable for any overages.. they said I can bring the car to any chevy dealer WITHOUT contacting Gm financial to arrange a return. then the dealer has to contact the Gm financial division and they will send someone to pick up the car. 

 

basically they said I am not liable for anything at all. 

 

so im like.... nice? 

 

Smiley Very Happy thats 2.6k that i won't have to pay and could put down towards another care or finding soemthing cheap to put it on.

Message 5 of 10
Regular Contributor

Re: Did not reaffirm car- never sent paperwork Gm financial

If you don’t reaffirm but keep making the payments, can you just decide to stop paying and walk away from the car?

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Chapter 7 Discharge: March 13, 2019

Message 6 of 10
Established Member

Re: Did not reaffirm car- never sent paperwork Gm financial

THat i am not aware of. I am 100% going to make my payments to try adn keep gm financial in somewhat good graces.. 

 

but i brought up making payments and they onyl stopped me when i mentioned overagers to let me know when i turn the lease it that i walk away form it and because of bankruptcy i am not liable for anything on the lease.

 

i asked stuff like payoiff amount... last payment due etc.. my last payment is on the 6th of feb so,...

Message 7 of 10
Regular Contributor

Re: Did not reaffirm car- never sent paperwork Gm financial

My car was paid off when I filed so I didn’t have to deal with that, that’s why I’m curious about it.

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Chapter 7 Discharge: March 13, 2019

Message 8 of 10
Established Member

Re: Did not reaffirm car- never sent paperwork Gm financial

The way it sounded. It may have been possible to do that. But again becaus they mentioned no reaffirmation agreement was signed that i wasn't liable for anything. 

Message 9 of 10
Regular Contributor

Re: Did not reaffirm car- never sent paperwork Gm financial

I’m fairly sure as long as you keep paying they won’t repo it, however, it won’t benefit your credit.

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Chapter 7 Discharge: March 13, 2019

Message 10 of 10
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