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Voluntary Repo/Surrender Post BK7

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Anonymous
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Voluntary Repo/Surrender Post BK7

Hi All,
I’m looking for some advice and I’m not even sure I’m posting in the right forum. My husband and I are almost 2 years post dc of our BK7. We have rebuilt well. Our issue is this. At the time of our Bk, we both had financed vehicles. Mine with Wells Fargo and his with Huntington Bank. A year ago, I stopped making payments on my car and financed another, less expensive, used car with our credit union. 90 days later Wells Fargo came and picked my car up from my driveway. This past March, my husband did the same thing. Stopped making payments on his vehicle and financed another with a much better rate with our credit union. We called Huntington and told them that we would no longer be making payments, and they could come and repo the vehicle. They said ok. We removed all of our belongings from the truck dropped the insurance, took the tags off and parked it in our driveway. Well, come July , it’s STILL IN OUR DRIVEWAY!!! I contacted them to say “hey, if you don’t want it, why don’t you just let us settle on an amount in exchange for the title..... they rejected our offer. It’s a 2095 4 runner. We offered like $2200. We owe 7800. Since they rejected our offer, we asked them to come get it. Guess what??? It’s still here!! 😡. I just don’t know what to do at this point.... I called them again last week and the lady said “let me check, blah, blah....” but no call back. I’m starting to think that they are punishing us. Any advice would be appreciated. Thanks
Message 1 of 10
9 REPLIES 9
Anonymous
Not applicable

Re: Voluntary Repo/Surrender Post BK7

It's not unusual for banks to not repo a car that has no value.  There are probably thousands of stories of folks with a car wasting away in their driveway that they can't get rid of because they don't have thet title and even the scrap yards won't touch it.

 

If you were rebuilding your credit, why did you want a new repo on it?  

Message 2 of 10
Anonymous
Not applicable

Re: Voluntary Repo/Surrender Post BK7

Placea lien on it as an abandoned vehicle. Send them a letter stating you will begin charging a storage fee if its not picked up. Go to the DMV to get title as an abandoned vehicle.

Message 3 of 10
Anonymous
Not applicable

Re: Voluntary Repo/Surrender Post BK7

I’m going to look into doing that! This is ABSOLUTELY RIDICULOUS!
Message 4 of 10
Anonymous
Not applicable

Re: Voluntary Repo/Surrender Post BK7

Question: do I place the Lien first? Or send the letter letting them know that I am going to do so first? What order do I do these things? 1. Letter of intent to charge storage fee 2. If no response, go to DMV and get title for abandoned vehicle 3. We get to keep it? Is that right? Thanks for your help!
Message 5 of 10
pizza1
Community Leader
Super Contributor

Re: Voluntary Repo/Surrender Post BK7


@Anonymous wrote:

Placea lien on it as an abandoned vehicle. Send them a letter stating you will begin charging a storage fee if its not picked up. Go to the DMV to get title as an abandoned vehicle.


LOLOL!! Thats just silly awesome!! Smiley Wink

Message 6 of 10
Anonymous
Not applicable

Re: Voluntary Repo/Surrender Post BK7


@Anonymous wrote:
Question: do I place the Lien first? Or send the letter letting them know that I am going to do so first? What order do I do these things? 1. Letter of intent to charge storage fee 2. If no response, go to DMV and get title for abandoned vehicle 3. We get to keep it? Is that right? Thanks for your help!

Send a letter to them stating they have been notified to pick up the vehicle and if not picked up (within so many days - 10, 30, whatever) you will consider it to be an abandoned vehicle and the legal owner may be subject to a storage fee (you might have to inquire what the legal limit is for vehicle storage fee is in your state - in Ca it used to be $50 per day). They cannot legally let the vehicle continue to occupy your driveway indefinitely without just compensation - either surrender of the title or the payment of reasonable storage fees.

 

Inquire at your DMV as to the process for claiming title to an abandoned vehicle on your property if the ownder does not pick it up after being notified (via certified letter). There will be some sort of time limit involved I'm sure, and you may or may not need to file a lein against it for storage fees - just depends on your state laws.

Message 7 of 10
Anonymous
Not applicable

Re: Voluntary Repo/Surrender Post BK7

I read some information online saying that I have to notify them via certified letter, but I also have to have some involvement with the courts. Should I seek legal advice?
Message 8 of 10
Anonymous
Not applicable

Re: Voluntary Repo/Surrender Post BK7


@Anonymous wrote:
I read some information online saying that I have to notify them via certified letter, but I also have to have some involvement with the courts. Should I seek legal advice?

Certainly would not hurt to get some professional advice.

Message 9 of 10
Anonymous
Not applicable

Re: Voluntary Repo/Surrender Post BK7


@Anonymous wrote:
I read some information online saying that I have to notify them via certified letter, but I also have to have some involvement with the courts. Should I seek legal advice?

You would most likely do a small claims case for the storage fees and the lien would be based on that.

Message 10 of 10
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