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Post-discharge vehicle with no title

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  • Post-discharge vehicle with no title

    Hello everyone. I am coming up on 2 years since my Chapter 7 discharge and am not sure what to do with my vehicle. I had an auto loan of about $12,000 through Regional Acceptance that was discharged in the bankruptcy. It has a KBB value of about $2,200 today but needs about that much in repairs and maintenance.

    Long story short: they never repossessed the vehicle, so I kept it insured and continued to drive it. I've never heard a word from them about it.

    Now I want/need to get a new vehicle and have no idea what to do with this thing. Obviously, I can't trade it in with no title, but I can't even junk it without a title. It's a zombie...

    They have no office in my state, so I can't drive it there and leave it in the parking lot. They aren't likely to work with me on negotiating a lien release, but they pretty clearly don't want the vehicle either.

    What are my options? Has anyone encountered this situation before? Thanks!
    Last edited by Malkovich; 08-03-2017, 05:03 PM.

  • #2
    Did you completely pay off the loan amount even though it was discharged? Seems to me that in that case they're required to release the title to you, and it's not a matter of negotiation. You paid, you get the title, end of story. (I had a loan with Regional previously, I believe they held the title for the duration...). If you DIDN'T pay the full amount on the ride through just call them and tell them you want to surrender the vehicle. Even if they don't have a local office they'll send the local repo guy out.
    This post does not constitute legal advice. If you use this advice instead of that of a lawyer, God help you.
    Filed CH 7: 5/11/17 341: 6/12/17 Discharge: 8/14/17


    • #3
      You might want to start with asking them, while giving them your discharge, for the title. That's the starting point. The next step is to decide whether you want to re-open your case to have the judge determine secured status. A creditor does not need to enforce their "security" instrument by repossessing. They also can't be forced to do so. But if it is hindering you from moving forward and it has been this long, then you may want to consider the court route... only after dealing with them directly.
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      I am not an attorney. Any advice provided is not legal advice.


      • #4
        Thanks, justbroke and rjmx.

        I should try to contact them, I just know how difficult they were to deal with under the best of circumstances, let alone this cluster####.


        • #5
          Try contacting a charity who takes car donations and see if they can help.
          LadyInTheRed is in the black!
          Filed Chap 13 April 2010. Discharged May 2015.
          $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!


          • #6
            A charity cannot accept the car with a recorded lien still on the title. However, if the car is no longer usable, or you simply don't want it anymore, you can contact the lender and inform them that the car is no longer drivable and/or that you need to dispose of it, and that you need their lien released in order to do so. If they refuse, then you may have to re-open your bankruptcy and file a motion to redeem the car for scrap value, which will allow the court to force the lender to accept your proposed valuation and release their lien. Then you can sell or junk the car.


            • #7
              My thought was that a charity may be inspired to contact the lender to facilitate clearing title so it can receive the donation and a stubborn lender might be more willing to be helpful to a charity. Maybe not, but it can't hurt to reach out to a couple of charities.
              LadyInTheRed is in the black!
              Filed Chap 13 April 2010. Discharged May 2015.
              $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!


              • #8
                I doubt a lender would consider discussing an account with a 3rd party, even if it is a charity.
                This post does not constitute legal advice. If you use this advice instead of that of a lawyer, God help you.
                Filed CH 7: 5/11/17 341: 6/12/17 Discharge: 8/14/17


                • #9
                  Originally posted by rjmwx81 View Post
                  I doubt a lender would consider discussing an account with a 3rd party, even if it is a charity.
                  With authorization from the account holder they would. It can't hurt to call a couple of charities who seek car donations and ask. It may be a dead end, but unless you have actually tried, you don't know.
                  LadyInTheRed is in the black!
                  Filed Chap 13 April 2010. Discharged May 2015.
                  $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!


                  • #10
                    Maybe. I just know every time I called my lender about the car I was surrendering, I had to cross a rope bridge and answer three riddles from a troll before anyone would talk to me. Metaphorically speaking, of course, but just barely.
                    This post does not constitute legal advice. If you use this advice instead of that of a lawyer, God help you.
                    Filed CH 7: 5/11/17 341: 6/12/17 Discharge: 8/14/17


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