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  1. #1
    Join Date
    Feb 2014
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    Default Getting a Car Back From a Buyer Who Stopped Paying For It

    My question involves a consumer law issue in the State of: Arizona
    I had a friend come stay with me and she didnt have a car and her credit was totally screwed. She couldnt get a loan anywhere for a car. Considering I had just bought a new car, I tried to help her by selling my old car to her. I still have a lien on it because I took a loan on it to consolidate my credit cards. I told her she would have to make 300 month payments to me and I would add her to my insurance as she couldnt get insurance on it being in my name. Well after staying with me for 5 months rent free...her and her 3 kids...I told her she needed to start paying rent. Needless to stay after promising to pay rent she packed up and left 2 days before her rent was due and took my car as well. I did have here sign a contract for the car but Im scared as its a big liability and as the car is in my name. Well I want the car back and she made the payment but it was late and I really want the car back. according to the contract it states that her payment is due by the 10th and she mailed it out on the 10 and hence i didnt get it till the 13. Ive done nothing to help this girl and now shes screwing me...I ask her to give me the car back and she wont...Ive emailed her and texted her but she wont respond. Can I legally repossess the car because she was late or do i have to accept her late payment? How do I get out of this mess? Please help me!!!!

  2. #2
    Join Date
    Sep 2011
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    OH10
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    17,019

    Default Re: Get My Car Back

    If the car is titled in your name, you can take it from any public property. I recommend having a friend/mechanic disable it or changing the ignition after you do.

  3. #3
    Join Date
    Jan 2006
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    38,867

    Default Re: Get My Car Back

    Quote Quoting Disagreeable
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    If the car is titled in your name, you can take it from any public property. I recommend having a friend/mechanic disable it or changing the ignition after you do.
    say what? The car being titled in a persons name is only presumption of ownership. The problem OP has is this:

    . I did have here sign a contract for the car
    friend has equitable title




    Can I legally repossess the car because she was late or do i have to accept her late payment?
    does your contract give you a right of repossession or state what happens if the payment is late?

    what have you done with the payment? If it was a check, have you deposited it or cashed it?

  4. #4
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    Default Re: Get My Car Back

    The payment was made late. OP can deem the loan in default/jeopardy and allow person to come up with all the cash or allow a judge to decide. I suspect this lady will be skipping town soon for financial reasons to the first guy she can shack up with.

  5. #5
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    Jan 2006
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    38,867

    Default Re: Get My Car Back

    Quote Quoting Disagreeable
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    The payment was made late. OP can deem the loan in default/jeopardy and allow person to come up with all the cash or allow a judge to decide. I suspect this lady will be skipping town soon for financial reasons to the first guy she can shack up with.
    but that does not automatically allow for a right of repossession.

    and no, a late payment does give the creditor a right to accelerate the loan either unless that is included in the contract.

    and I'm waiting to find out what the OP has done with the payment before going any further as that can make a huge difference.

  6. #6
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    Sep 2011
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    OH10
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    Default Re: Getting a Car Back From a Buyer Who Stopped Paying For It

    Actually one day late on a payment allows it in AZ.

    http://www.doney.net/dp&s_car.htm

    13-2204. Defrauding secured creditors; definition; classification

    A. A person commits defrauding secured creditors if the person knowingly destroys, removes, conceals, encumbers, converts, sells, obtains, transfers, controls or otherwise deals with property subject to a security interest with the intent to hinder or prevent the enforcement of that interest.

    B. For the purposes of this section, "control" has the same meaning as prescribed by section 13-1801.

  7. #7
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    Jan 2006
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    Default Re: Getting a Car Back From a Buyer Who Stopped Paying For It

    Quote Quoting Disagreeable
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    Actually one day late on a payment allows it in AZ.

    http://www.doney.net/dp&s_car.htm
    Your fraud statute has no place here. Buyer has already tendered payment and until OP says what they have done with the payment, it cannot be determined if OP has allowed buyer to cure the deficiency or not but regardless, there is nothing that suggests any fraud.



    as to the right of repossession:
    from your link:
    The procedures described below assume that the lender has a properly recorded security agreement in the vehicle.
    So, do ya think OP has properly recorded a security agreement in the vehicle?

  8. #8
    Join Date
    Sep 2011
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    Default Re: Getting a Car Back From a Buyer Who Stopped Paying For It

    I would say the title of ownership qualifies.

  9. #9

    Default Re: Getting a Car Back From a Buyer Who Stopped Paying For It

    The obvious thing is that you regret helping her. I suggest that you treat her as you would like a bank to treat you. If she makes payments then hope that she makes all of them. Get your money and complete the sale with honor. Don't even think of taking any action until a payment is at least 30 days past due. In certain states if a contract is desolved both parties would have to be put back in the precontract state. So you would get the car and you would have to return the money. If you did not she could claim the you have received undo enrichment. Just do what you know is right and as long as she makes the payments let the rest go.

  10. #10
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    Jan 2006
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    Default Re: Getting a Car Back From a Buyer Who Stopped Paying For It

    Quote Quoting Disagreeable
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    I would say the title of ownership qualifies.
    No, plus, since the vehicle has been sold, as I said before, equitable title has passed to the buyer. A title shows a rebuttable proof of ownership. The contract would show the release of ownership to the buyer regardless of whether the certificate of title has been transferred.

    - - - Updated - - -

    A.R.S. § 28-2131 provides that any interest asserted in a vehicle required to be titled is not valid if the requirements of the law are not met. Pursuant to A.R.S. § 28-2132 and §28-2133, all liens and encumbrances against a titled vehicle are required to be set forth on that title, with the Department of Motor Vehicles maintaining an index of all recorded liens and encumbrances. The filing and issuance of a new certificate of title is constructive notice to creditors of the owner or subsequent purchasers of all liens and encumbrances against the vehicle described in the certificate of title.
    Under A.R.S. § 28-2132, the applicant's signature on the application for title or registration only is consent for the lien or encumbrance to be indicated by the Department of Motor Vehicles on its official title record for the vehicle. On receipt of the application, the Department shall endorse on the application the date and hour it was received at the registering office of the Department
    Not sure how the seller would even perfect a lien since there is already a lien recorded against the title. Regardless, the law requires it be recorded on the title for it to be valid.

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