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  1. #1
    Join Date
    Mar 2011
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    2

    Default Voluntary Surrender of Deceased Mother in Law's Car

    My question involves collection proceedings in the State of: Calif.

    My mother in law recently died leaving a 2008 chev. malibu with a unpaid balance of approx. $12,000. The car is in expectional condition with no past due payments. I tried to negotiate with the bank to assume the loan and to register the car in our name but they want us to do a refi. But this will not do as we wish to sell the car and pay off the loan. we faxed over to them her death certificate and her living trust showing that my wife is a co trustee of the trust. They still want us to refi the loan. So I demanded that they come to our home and take the car. They still wanted us to fax over more information which seemed rather unimportant and I once again demanded that the come and get the car. They called us back a couple hours later and said someone would pick up the car today at 10 am. What kind of problems can we expect and expense once they auction the car?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Voluntary Surrender of Deceased Mother in Law's Car

    The estate could be responsible for any difference between the loan amount and what the lender can get from auction or resale.

  3. #3
    Join Date
    Mar 2011
    Posts
    2

    Default Re: Voluntary Surrender of Deceased Mother in Law's Car

    I realize that the estate will be responsible for the debt. What I don't know is what the bank will let the car go for at a dealer auction and what other fees will they add on.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Voluntary Surrender of Deceased Mother in Law's Car

    Quote Quoting jjjake1390
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    I realize that the estate will be responsible for the debt. What I don't know is what the bank will let the car go for at a dealer auction and what other fees will they add on.
    They may not have much of a say once it goes to auction. It could go for whatever it goes for.

    It has been my experience that auctions rarely even rise to the KBB price, much less the full loan amount. Perhaps you will get lucky, but I wouldn't count on that.

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