top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Life after Chapter 7 - The Repo Blues

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Life after Chapter 7 - The Repo Blues

    I am 3 years outside of my BK and doing well. Purchased my first home and credit scores are in the mid to high 600's. As my mortgage came to its ARM Term, refinance was necessary. My credit report was not reflecting any of the payments that I had made since my BK on my car and I was requested by my mortgage lender to have a supplement done to update this information. I found out at this time that a reaffirmation should have been done at discharge, but this was the 1st time I had even heard the term reaffirmation in relavance to a BK. My mortgage closed and life was good.

    My auto payment which is due on the 15th of each month had been made. I received no notices, even though my creditor said certified letters had been sent. And I was only 3 days past my due date when my car was repossessed after 34 months of paying on or within a day or so of the due date. In fact, no notices, no phone calls from the creditor have been received.

    In order to save my almost 3 yrs of good credit, I felt it in my best interest to pay of the 4500 I still owed and have my car returned to me. Several days went by as I collected up enough to pay off this debt, and on the 8th day after repo, I had made my appointment with the repo examiner. My car however was already shipped to CA, and western union had sent my money to payoff the lender, repo, and towing + storage fees and additional fees for storage of items left in the vehicle? So, paid off vehicle, but 3 days later, still no car, broke because I paid it off, and still have not received a letter or phone call from my lender?

    What are my recourses after Floating through on an auto loan that was repo'd at 3 days late and without given notice, 30 plus month after a chapter 7?

    #2
    Since you did not reaffirm, you had no obligation to pay the debt but as long as you did pay, the creditor let you keep the car.

    They did not bill you, because you filed BK on the debt. (That is standard.) Unfortunately, I'm not sure there is anything you can do.
    Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

    Comment


      #3
      I am not sure of an answer. We have not signed anything as to reaffirmation, just kept our payments current. We have since received a new payment book for the mortgage, getting statements on 1 of our 2 vehicles. Student loan showing current (before even though it was current still showed in default status because we filed bk). Try calling your bk attorney and asking.
      Good luck - keep us informed. This is an FYI type thing.
      I'll be watching, you may never know when or how, but I'll be there. I am there now....

      Comment


        #4
        I'd try to discuss this w/ an attorney. Wells Fargo is well known for bad behavior - few lenders would repo if they were still being paid. Because you did not reaffirm, they were barred from trying to collect any balance due after taking the car - however, you voluntarily payed the outstanding balance, so that may complicate things. Hopefully, you'll get the car back. I just don't know (hopefully they won't charge you to ship it back - can't believe they spirited the thing out of town so fast - sounds shady to me).

        I'd keep calling them to try to determine status - before they sell the car. Normally, they send notice of sale, but because the underlying debt was discharged w/ your BK, I don't know that they have to follow any particular procedure.

        Comment

        bottom Ad Widget

        Collapse
        Working...
        X