ExpertLaw Forum - Help With Your Legal Questions
Auto Loans and Repossession Creditor actions following late payment or default on motor vehicle loans.

Reply
 
Thread Tools Display Modes
  #1  
Old 03-21-2009, 01:44 AM
treetopflya treetopflya is offline
Junior Member
 
Join Date: Mar 2009
Posts: 2
Default What Do I Do with a $10k Truck the Bank Charged Off the Loan
My question involves an auto loan or repossession in the State of: california
being in construction my truck is a vital to survival. I put my payment before any other bill. when my indusry turned cutthroat and i had to build more for less $, well even that ran dry things went very badly. I got evicted, eventually defaulted on my autoloan and every credit card, had a checkbook stolen-owe on checks i didnt even write, my credit score is the same as my golf score!
its been a year now,tags are due, i havent been able to turn things around. i pulled my credit recently- the bank charged off the loan. I wouldve gave it back long ago but ive been living in it. heres the deal. I paid 23k, 1200 down & 455 a mo on time for 37 mo. thats 17.5k of my hard earned highly taxed bread.the truck bluebooks at around 10k. I feel there is something illegitamte about the bank charging off 16K
I want to do whats right, but its unclear what that is at this point. if its been charged off, that means the bank took the tax credit then probly sold the debt. Am I wrong to feel this my truck since I still owe 16k nomatter who has the truck? Am I wrong to think it would be auctioned off at much less than what its worth then have to fight to get that small amount deducted
from that overinflated balance?
Is there anyway to negotiate a win win here? like i said I want to do whats right, but what ive learned about banks this last year, Im feelin they can have the truck when they pry my cold, dead fingers off it...
any replies good or bad will be appreciated
Reply With Quote
  #2  
Old 03-21-2009, 06:41 PM
OhMy OhMy is offline
Senior Member
 
Join Date: Apr 2008
Location: Texas (Dallas area)
Posts: 1,408
Default Re: What Do I Do with a $10k Truck the Bank Charged Off the Loan
If a car is repoed it is sold off at auction.

No matter what the truck or car sells for you owe the outstanding amount of the loan. You sign a loan for MONEY and you give the truck as partial property to cover the loan.

If the truck sells for only $10,000 you will still owe the lender for the balance of the loan, repo costs, attorney fees etc.

You can end up having to pay more for the truck by not owning it then if you just continued the payments.
__________________
My posts are not intended to offend anyone. I am sorry if they have.

When it comes to your FICO scores you are dinged if you do and dinged if you dont
Reply With Quote
  #3  
Old 03-21-2009, 07:10 PM
divemedic divemedic is offline
Senior Member
 
Join Date: Jul 2008
Posts: 855
Default Re: What Do I Do with a $10k Truck the Bank Charged Off the Loan
Chargeoff has nothing to do with the bank or how the bank views the loan. It is a Federal thing, that a loan must be charged off when it is 6 months delinquent. It does not mean that the bank has abandoned collection efforts.
Reply With Quote
  #4  
Old 03-31-2009, 01:09 AM
treetopflya treetopflya is offline
Junior Member
 
Join Date: Mar 2009
Posts: 2
Default Re: What Do I Do with a $10k Truck the Bank Charged Off the Loan
I think I could sell it for more than they'll get at a wholesale auction. has anything like this ever happened? I mean, putting the bank in touch with some one who'll pay bluebook? I know its unlikely, but why do u suppose theyd rather get less through the auction?
Reply With Quote
  #5  
Old 03-31-2009, 02:16 AM
Betty3 Betty3 is offline
Senior Member
 
Join Date: Apr 2007
Location: Il.(near StL,Mo.)
Posts: 3,991
Default Re: What Do I Do with a $10k Truck the Bank Charged Off the Loan
You might see if you can work it out where you can sell the vehicle privately. You might be able to get more. You might call the lienholder & see what can be done.
__________________
What do we live for if not to make the world less difficult for each other? George Eliot
Reply With Quote
Sponsored Links
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off


Forum Sponsor

Similar Threads
Thread Forum Last Post
My Bank Account Levied for a Truck That Was Voluntarily Given Back 7 Years Ago Auto Loans and Repossession 09-13-2008 07:17 PM
Can A Bank Renege On A Loan When Conditions Are Met? Mortgages 05-07-2008 06:13 AM
Voluntary Repossession Of Ex-Husbands Truck With My Name On Loan Auto Loans and Repossession 02-29-2008 08:32 AM
Bank Says Loan Has Been Charged Off Auto Loans and Repossession 02-12-2008 11:46 PM
After Voluntary Repo of Truck, Bank States That Dealer Cosigned, in Pennsylvania Auto Loans and Repossession 08-16-2007 08:02 PM



All times are GMT -7. The time now is 04:01 AM.

Information provided in the forum is not intended to substitute for professional advice, including but not limited to professional legal advice. If you submit a question or comment it is assumed that you are interested in soliciting, receiving or giving general information and not legal advice. Laws vary by state, and the laws described in this forum may be different in your state or may have been changed since the information was posted. The legal help offered in this forum comes from volunteers who may not have any formal legal training or knowledge, and all information should be confirmed with a qualified legal professional. All information is made available on an "as is" basis. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship. Use of this forum is subject to the ExpertLaw terms of use.


Powered by vBulletin® Version 3.8.2
Copyright ©2000 - 2009, Jelsoft Enterprises Ltd.
Copyright © 2004 - 2008 ExpertLaw.com, All Rights Reserved