Letting a truck go back that I don't have

[Confused33]

Here's one for you.

I have a 2007 Dodge Ram 2500 that is in my name, financed at my credit union but I don't have it in my posession.

In late 2007 I let a company called [] truck over under contractual agreement. I was told the payments were guaranteed by the company and that it would be paid off within a year.

Well, here we are in Dec of 08 and the payments are still due for Nov. 20th and I am filing next Monday. I have NO IDEA where the truck really is. I was told today that it is in Rancho De Taos, New Mexico and have the guy's name and address. However, when I called the numbers I found online they were discoed and the neighbors around him have never heard of him or seen a truck such as mine.

What will happen if I include it in bankruptcy and they can't find the vehicle? The credit union knows the situation on the truck and won't help me find it. I've been going round and round on this for nearly a year now.

Anyone in that part of the world? I'm in Houston, TX.

[relief13035]

I'd report that {} stole the truck. I'm sure the truck will show back up quickly.

[Confused33]

I've been told that that could result in a felony charge on me since I gave the keys to them.

This really sucks. ha!

[Nicollette]

Is your attorney aware of this situation, or are you filing pro se?

[relief13035]

I guess that is true. You have a mess on your hands.

[Confused33]

I've told my lawyer about it but he'snever let me go into detail about it. He doesn't seem to think it's going to be an issue. I just emailed him the full skinny.

[Never_Again]

I would get a full answer from my lawyer...

One concern with this would be does your contract (financing) with the credit union prohibit this sort of agreement? Some do, as this is a form of signing away posession, and most secured creditors have a problem with that before the lien is paid off.

[JRScott]

Found this if you don't know it:


2911 Turtle Creek Blvd

Dallas TX 75219

Phone: 817.403.2988

Fax: 214.594.7651


It might help if your lawyer contacted them, just a letter asking why the payment had been missed and the location of the truck for pickup since they were in default.

[StartingOver08]

You probably have to supply the contract that you have with [] as well on your petition - even though they broke the contract, you want to make sure all executory contracts are on the petition. Make sure to get your attorney a copy of both the CU financing agreement and the Wright contract for his review.

[floridian]

i had a former GF take one of my financed motorcycles that was included in the bk... she refused to give it up, because she claimed to have a financial interest in it...
the lawyer, said no problem... the federal judge would go after her... she finally gave it back...

[Confused33]

Thank you for the replies! You guys have once again eased my mind.

Here is the "contract" that I signed. It is laughable at best and I knew it was going to bite me in the ass eventually but I did it anyways. I was impatient and very upside down.

PURCHASE SALE AGREEMENT
WARRANTY TITLE TO TRUSTEE Wright Leasing
Purchase and Sales Agreement and Declaration Document 817.403.2988


FOR A VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, the undersigned, ______________________________________,
(‘Grantor(s)”), has GRANTED, SOLD and CONVEYED and by these presents does
GRANT, BARGIN, SELL and CONVEY to WRIGHT LEASING (‘Grantee”) with
MICHEAL WRIGHT as Trustee and not personally under the provisions of a trust agreement dated the same date as this Title. The new owner known as Wright Leasing has all right, title, interest, and claim to the following property located in the State of TEXAS, and Wright Leasing of Dallas, Texas will be responsible for the vehicle and all payments & insurance. Legal Description of the Vehicle:

Year of Vehicle Name ________________________

Vin Number ___________________________ Address ____________________

Make ______________________________ City ______________________

Color ______________________________ Phone ______________________

WRIGHT LEASING WILL BE THE NEW OWNERS AND MAKING ALL PAYMENTS
And have all of the Grantor(s)’s right, title and interest in and to the above described property unto the said Grantee, Grantee’s heirs, administrators, executors, successors and/or assigns forever IN SIMPLE FEE; so that neither Grantor(s) nor Grantor(s)’s heirs, administrators, executors, successors and/or assigns shall have, Claim or demand any right or title to the aforesaid property, premises or appurtenances or Any part thereof.
Grantor(s) further WARRANT(S) and agree(s) to FOREVER DEFEND all and singular the said property unto the said Grantee, Grantee’s heirs, executors, administrators, successors, and/or assigns, against every person whomsoever claiming or to claim the same or any part thereof.

EXECUTED this______day of______________,2007

X____________________________

X____________________________

State of __________
County of ______________

The foregoing instrument was acknowledged before me on this day

By:___________________________ X____________________________
Signature of Notary Public

My commission expires:____________________________
After recording return to: Wright Leasing P.O. Box 8891 Fort Worth, TX 76124

Wright Leasing
P.O. Box 8891
Fort Worth, TX 76124
Authorization to Release Information


I/We hereby authorize you to release to Wright Leasing any and all information that he may require for the purpose of a credit transaction or loan transfer. Wright Leasing may reproduce this document to acquire information from more than one source.



x_________________________________________________ ___________
Signature Date of Birth Social Security Number




x_________________________________________________ ___________
Signature Date of Birth Social Security Number






What is this?



This form will be used by Wright Leasing to obtain verification of payment & payoff amounts and check and see if there are any taxes or loans on the property.
We will also need this to verify that you are the owner(s) of the property and that there are not any liens.




Auto lender (Loan Company) Telephone Number Loan #


Payment Due Date_________________ Payment Amount $__________

[JRScott]

Also include them as a potential creditor in your petition

[relief13035]

How about if "everyone" on the BK Forum calls Wright Leasing on Monday asking where the truck is and demands that it is returned? We could apply a little pressure - you know, how the collection agencies do to us???

[liz417]

How about if "everyone" on the BK Forum calls Wright Leasing on Monday asking where the truck is and demands that it is returned? We could apply a little pressure - you know, how the collection agencies do to us???

LOL!!! I spit out my coffee when I read that!

[relief13035]

I've dealt with every kind of hotel guest you can imagine in my career. I'm definately not afraid of a leasing company. Being timid is not in my character - bring it on!