Advice on auto loan default

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  • LH
    Jan, 2011
    Lisa
    My divorce settlement stated that my ex-husband would be responsible for the debt on the car he drove, despite the fact that the car was financed/titled in my name. He stopped making payments and the car was repossessed. He settled with the bank for an amount less than what was owed. I am trying to refinance my mortgage (and would benefit from a higher credit score)and have been told by the lender that I could possibly contact the bank and speak with a supervisor to see if they would be willing to remove the account from my report if I provided them with copy of the divorce settlement. The car loan was through Bank of America. First, have other people been successful with this and second, what department would I need to contact? I envision having to explain my situation to a number of customer service reps before getting to who I need to speak to. Or would it be best to write the bank? Would really love to fix my credit score if possible. Thanks!
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    • BA
      Jan, 2011
      Bill
      While you can try contacting B of A to request that you no longer have the car repo show on your credit, it is up to the creditor to decide to honor your request or not. I have no guide for judging the likelihood of your success. Even though your divorce decree stated that the debt is your ex's responsibility, that does not mean that the creditor is bound by you and your ex's agreement to divide community assets and debts. The creditor may consider you equally responsible, even if you were not pursued to collect on the debt, and be unwilling to remove the account from your records. I think it will take time and patience to call and find the right person to speak with, but I think phoning is likelier to get you somewhere than writing. Have you looked at the steps you can take to improve your credit score?
      0 Votes

  • JB
    Oct, 2010
    Joe
    A friend of mine son lost his job over a year and a half ago, and is about that far behind in his car payment. The dealer closed that location, and has not had any contact with the finance company. How can he find out who to call to turn the car in to? After it is turned in, what will happen as far as the balance? From what I have read in other posts, I assume it would be auctioned off, that would be applied to the balance, and he would have to find a way to pay the rest? Is there any leagal action that the finance company can/will take?
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    • BA
      Oct, 2010
      Bill
      The finance company would be a great place to start. A less accurate information source to learn current creditors is a consumer's credit report. A repossessed vehicle will be sold at auction, and any deficiency balance is the responsibility of the borrower. The creditor has the right to collect the deficiency balance from the borrower, including using the court system.
      0 Votes

  • BA
    Jul, 2010
    Bill
    A) Yes. B) No, unless you are in financial distress. The creditor may not be able to repossess the vehicle, but you still have personal liability for the loan. Negotiate a lump-sum settlement with the $8,500 you receive.
    0 Votes

  • 35x35
    Jul, 2010
    Jason
    I have a 2004 Passat. I paid the car off, but then used the car as collateral for an investment loan 3 years ago. The investment fell through, but to the point, I just got notice from my insurance company that the car is totalled after a flood here in Houston. The remaining balance on the investment loan is $14k. The insurance company will give me $8500 (after strong negotiating). A. Will the insurance company need the title to total it? B. Do you recommend defaulting on the loan? There is no longer collateral on the loan since the car is totalled. C. Everyone has their own sob stories, but my wife left me when I moved down here, I now have child support payments (.47 on the dollar of net pay), and have no money to pay off the rest of the loan. I'm working at with great income, but my sister messed up my credit when I cosigned with her on her car and she is in repossession.
    0 Votes

  • BA
    Feb, 2010
    Bill
    I am not aware of any statute of limitations on a secured debt, which is what a title loan is. Readers, please reply below if California has an exception for vehicle title loans.
    0 Votes