My question involves an auto loan or repossession in the State of: Nevada
We filed a chapter 7 bankruptcy in California in February of 2008. It was discharged in May of 2008. We had an auto loan that the lender Capitol One refused to reaffirm, but stated we could keep the vehicle if we continued to make the payments. We had 17 payments left. We made the payments consistently for 13 months, late a couple of times. My wife was laid off from her job last December and we fell 4 months behind by last week. We had contacted the lender in March when we couldn't make a payment and they said just pay when you can. That is the only contact we have had with the lender since the bankruptcy filing. We have never received a statement or payment coupons since the bankruptcy filing. We also found Capitol One had reported the loan to the credit agencies as "settled, less than owed". They still have the title and are listed on the registration as the lien holder. We mailed a payment 2 days ago and owe 3 more to pay off the car. The car is worth aproximately $18000,00 and we owe $2400.00 after this last payment. It is only through my wife's good bookkeeeping that we even know where we are. Today I found out a repo man was asking questions at my daughters house to find the car and pick it up. We are not hiding the car, but have moved to Nevada and registered it here. We have not reported our new address to Capitol One. Where do we stand? We would like to continue to pay on the car and pay it off, but we are concerned about it being reposessed before we can do that. We also are concerned now about contacting the lender as they will ask where the car is. Can they still take this car after they accepted over $10000.00 since the bankruptcy, reported it as settled less than owed to the credit bureaus, and accepted our late payments? Any advise would be greatly appreciated.