I was discharged 07 16 2010. I was planning to surrender a 2001 Jeep Cherokee. 98,000 miles and although driveable, has a dying transmission. I called Wells Fargo yesterday and the representative said they won't be picking it up and that it would not be worth it to them. I bought a car this week so what would be the easiest way for me to get this Jeep off my hands?
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Filed Ch.13 August 2008,
Converted to Ch.7 03/31/10, 341 Meeting 05/05/2010, Discharged 07/16/2010
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Maybe you could donate it. -
You can only donate with a clear title as far as I know.Comment
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The rep at Wells Fargo said I could sell it then submit the cash to them, then they will send the title, or he said I could payoff the original balance due before I filed Bk. The balance is thousands of dollars, so that won't happen. He also mentined something about I could hire an attorney and litigation or something?? I have emailed my Attorney and waiting on his reply but wanted to ask around. I live in an apt so I'm sure the landlord will eventually want this Jeep with expired tags moved.Filed Ch.13 August 2008,
Converted to Ch.7 03/31/10, 341 Meeting 05/05/2010, Discharged 07/16/2010Comment
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Or you could take it to a parking lot, remove the license plates then tell Wells Fargo that they had better pick it up before the impound tow truck does. Many years ago Ugly Duckling (later known as Drivetime) refused to pick up my car. Once I let them know that I didn't care whether they picked it up or it got towed they sent a truck.
Now on the other hand, I still have a Ford conversion van that was discharged in my Chapter 7. No payments have been made since November 2008. When I called the loan company they said they would not be picking it up. So, I'll be driving it until the wheels fall off.Comment
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There was a similar case decided by the 1st Circuit Court of Appeals a few years ago that looks like it would apply here. The case is Pratt v. GMAC, and the ruling can be read at http://scholar.google.com/scholar_ca..._sdt=100000003 . Basically, if Wells Fargo refuses to repossess the vehicle, refusing to release the lien can be considered to be objective coercion and potentially a discharge violation.C7 Filed: 2009-11-06 | 341: 2009-12-14: | DISCHARGED: 2010-02-09 
Condo: Walked away due to 2nd mortgage intransigence; 1st foreclosed. Now totally DEBT FREE!!Comment
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Originally posted by iv65536 View PostFiled 5/27/09
341 7/2/09
341 held
Discharge and closed 9/4/09Comment
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Ah, yes, I also read the Groth ruling. I'm simply seeking to require a secured creditor to allow redemption for a nominal sum or for it to commit to repossession of the collateral. They have one more week, according to the letter I sent them, to state their intentions.C7 Filed: 2009-11-06 | 341: 2009-12-14: | DISCHARGED: 2010-02-09
Condo: Walked away due to 2nd mortgage intransigence; 1st foreclosed. Now totally DEBT FREE!!Comment
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The rep is giving you the run around. I would go to a local WF branch, remove your plate, walk in and ask for the manager. Tell them you are there to return the car per the bankruptcy filing and discharge and ask for a receipt that you turned it in.Originally posted by mermaids614 View PostFiled Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.Comment
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My attorney said the people at Wells Fargo are indeed giving me the run around. He said I have the right to surrender the vehicle and I'm not required to redeem. He also said that if the vehicle is really as worthless as Wells Fargo is claiming, he can file to redeem it for $1.00 so that I can get the title.Filed Ch.13 August 2008,
Converted to Ch.7 03/31/10, 341 Meeting 05/05/2010, Discharged 07/16/2010Comment
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Sounds like your attorney is on the ball. I would do what he suggested.Originally posted by mermaids614 View PostFiled Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.Comment
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As suggested here I would take it to a parking lot and take the tag off, Except if it was me it would be Wells Fargo's parking lot and then call that Rep back and tell him it's there and then they can do what the heck they want with it, They hold title to it so what can they do or say about you leaving it there.Comment
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Could you be held liabel if you did this? Kind of like having a mortgage discharged and moving before foreclosure and having it trashed?
I vote to have you attorney do as he said he could. Redeem it for one dollar and sale it or drive it till the wheels or tranny falls off.Originally posted by seFlaDude View PostComment
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car not repossessed
Hi all,
Bigtime, good thought but w/ the car the bank is on the title so you are OK
Here in Colo we have car salvage guys who pay $200 on any junked car, title or not, running or not. They come get it. They don't advertise in local paper but in the cheap ads "Thrifty Nickel" free at the gas station.
Get rid of the car and pocket a little cash...
Tom in ColoCh7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010Comment
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same here though legally in indiana you have to have a title. One scrap yard told us you can cut the motor and tranny out, remove the wheels and cut the car in half and bring it all in for scrap. The other will not take it like that. Though I have seen them take wire that was reported missing by the county 4 days before
. The other shop said indiana law said a car is a car when it has wheels, a motor and is together I guess. My guess is not exactly what it says but closes. Originally posted by tcreegan View PostComment
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