How Long Can a Creditor Take to Repo a Vehicle

**rhi** · 08-28-2010, 04:30 PM

My question involves vehicle registration or title in the state of: TN

My father passed away in March 2010. He had not made a truck payment since at least January. I have not heard anything from the finance company, and the truck has not been moved. I did find the prior loan contract on the vehicle which had the life insurance included in the policy for me to be the beneficiary if anything happened to him. In that case the truck would have been paid off and would be mine. But that contract expired in 2008, and I haven't been able to find the current contract. So my question is how long can they leave the truck here before repossessing it? And is there a time frame which it could be considered abandoned property on their part? It has been at least 7 months since the last payment.

**Mr. Knowitall** · 08-28-2010, 05:53 PM

How long ago did the executor of your father's estate notify creditors, including the auto lender, of their opportunity to make claims against the estate?

What do you mean in saying that the car loan agreement "expired" - that he refinanced the car loan in 2008? Has the executor requested a copy of the loan agreement from the current lender?

**rhi** · 08-30-2010, 03:54 PM

My father had nothing of value besides the vehicle, therefore had no estate, will, or executor. I don't know if they have been notified. Yes, he did refinance the vehicle in 2008. I honestly thought they would just come and get the vehicle by now considering payments have not been made in so long. They have not sent any mail regarding the vehicle or that the payments are behind. Nothing. Should I notify the company myself and ask if he had the insurance on the new loan that would leave the vehicle to me?

**aaron** · 08-30-2010, 07:07 PM

If he owned a vehicle, then his estate includes the vehicle.

You may investigate whether there was insurance that paid off the vehicle (or would do so if you submitted proof of death), and it seems like a sensible thing to do if you in fact want to keep the vehicle. I don't know that the lender will speak to you unless you have some evidence that you represent the estate, but you can try and see what they say.