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Auto Loans and Repossession Creditor actions following late payment or default on motor vehicle loans.

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Old 09-11-2007, 05:23 PM
joyfuljammer joyfuljammer is offline
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Default Loan In Default, But Not Late On Payments
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I received a letter from an attorney saying they were retained to represent the Credit Union where I had a loan, and that my loan was in default.

The letter also stated the reason I am in default is because they contacted my friend, whom they say co-signed on my loan, (which he did not). Upon contacting my friend, he stated that he did not co-sign on the loan.

He did co-sign on my first loan with the same credit union to help build my credit. However, after 7 months, I traded that particular car in. My friend is also the car dealer where I purchased these cars from. He contacted the credit union when I had the first loan, to see if I could trade and purchase another vehicle. The credit union told him yes, and the loan would be solely in my name.

I went and signed the loan at the credit union. Nothing was said other than we had a new car with the loan in my name.

2 and 1/2 years late (the present) the credit union says that he co-signed on the 2nd loan too, but he was not even present.

He went to the credit union to see the documentaion. THey showed him a paper that has his signature on it, saying that he would co-sign for the loan.

He signed an affidavit stating that the signature on the document was not his, but rather that it was forged. He believes the man at the credit union forged his signature, however, this man is no longer employed at the credit union.

Upon receiving the letter from the attorney, I contacted the credit union. They cannot verify what accutually happened because the man is no longer employed by them.

They are telling me I have to provide the payment in full for the loan immediately, have another co-signer, or they are filling suit against me in court for the loan, as well as attorney's fees, and court filling costs etc.

How can they do this when my payments are current???

Also, if the loan is in default because my friend says he did not co-sign on the loan, what are my options????

What can happen if this goes to court?

I don't have the money for an attorney, and I have since moved to a different state, and cannot get there for court.

What can they do to me for this? Is this legal what the credit union is doing?

The cars were purchased in Alabama when I lived there, and I have since moved to Kentucky.

We were given a loan under the terms that it was soley in my name. We were told that, and my friend who also owns the car dealership where we purchased the car.

This makes no sense to me. I welcome any advice or answers that anyone may have.

Sorry so long, but this is so complex!
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Old 09-11-2007, 06:06 PM
aaron aaron is offline
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Default Re: Loan In Default, But Not Late On Payments
There was fraud committed in association with the application for the loan, so it is not surprising that they are taking action.

If you can resolve the problem by getting another cosigner, perhaps your friend will do you the favor of cosigning now.
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Old 03-26-2008, 09:15 PM
CJLOTTI CJLOTTI is offline
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Default Re: Loan In Default, But Not Late On Payments
Quoting aaron
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There was fraud committed in association with the application for the loan, so it is not surprising that they are taking action.

If you can resolve the problem by getting another cosigner, perhaps your friend will do you the favor of cosigning now.
hey aaron, so what yer deal kid, you get paid 5.50 an hr to moonlight in here from yer taco bell shift, too waste people time with yer dance around the question answers to people with serious questions???
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