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    starsfan's Avatar
    starsfan Posts: 3, Reputation: 1
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    #1

    Jan 10, 2008, 12:52 AM
    Car never repo'd after chapter 7, five years ago.
    We filed chapter 7 five years ago and our car was never repo'd. I called the lender several times over the years and they show no interest in picking it up. I want to offer them a settlement to try and retrieve the title. Do you think they will settle with the person that defaulted on the loan for what the car is now actually worth at auction? If not, is there anything I can do to get the title since they have basically abandoned the vehicle. I know they can't sue or collect on it since the bankruptcy was discharged but they could take it whenever they want. I just either want to be able to drive it, or for it to be gone. If they turn me down and still don't repo it what course of action can I take?
    brown_eyes_3546's Avatar
    brown_eyes_3546 Posts: 103, Reputation: 5
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    #2

    Jan 10, 2008, 01:04 AM
    Im not real familiar with bancruptcy laws because they have changed a lot recently but I will say that the reason that they haven't and won't come to get it is because they can't legal touch it. You filed bankruptcy therefore you were relieved of the debt there fore the car is technically in your name and the bank is legally required to hand the title over since per the federal government you owe them no more money! Call the bank and get your title to your car. Don't pay them a penny though because yet again if you reopen the debt you are responsible for the entire loan all over again. They are not legally allowed to even ask you for a penny of what is left of the loan.

    Also if the car hasn't been registered in several years look into filing for a lost title if the bank refuses to give you the title to it.
    starsfan's Avatar
    starsfan Posts: 3, Reputation: 1
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    #3

    Jan 10, 2008, 01:23 AM
    We moved from Texas to Washington State prior to filing chapter 7. We filed chapter 7 in Washington State. Right after we filed they tried to repo the vehicle but we showed the filing letter to the repo man and he went away cursing at the bank for not telling him we had filed.
    At the meeting with the Trustee it was agreed that the vehicle would be turned back over to the bank after discharge. However they took no further action or made any attempts to contact us or come get the vehicle. We called them several times and only got answers that "they would look into this" and never called us back. Since the tags are Texas and we live in Washington the last registration was in Texas. Washington needs a copy of the title to register it here. Granted it has been parked for almost 5 years. I have only started it in my driveway periodically to keep it in running condition. We have rebuilt our lives since the BK and have completely turned our credit around. This car unfortunately is a shadow hanging over us and I'd like to either sell my paid for heap and drive this one to work or get rid of it for good.
    I thought about declaring lost title in Texas to try and retrieve it but after reading about that I thought it might be looked at as fraud. I don't want to just dump it somewhere because I'm concerned since I'm still the registered owner.

    Do you still think I should try and file lost title? I don't want to commit a crime.
    If I offered them say $2000 for the car and they accepted I would make sure the stipulation was that they sent a letter saying it was for settlement in full. The only other thing they might be able to do at that point is reactivate it on my credit file for another 7 years after a payment is received.
    brown_eyes_3546's Avatar
    brown_eyes_3546 Posts: 103, Reputation: 5
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    #4

    Jan 10, 2008, 01:31 AM
    Well as is said I'm no expert but I'm about certain the vehicle is yours not the banks after bankruptcy. It would have been part of the bills that were getting paid off with the monthly payment. If you just want the thing out of your hair be a smarty and have it towed to the banks parking lot with a note that it is theirs and you want it off your property since they refused to get it you took it to them. Or just scrap it. You'll get like $500 since the bank is obviously not interested in it.

    You could also try to file abandond vehichle. If it has been on your property for I think 5 years and the owner refuses to get it it is considered yours I think? Maybe talk to a lawyer?
    MitchyChick's Avatar
    MitchyChick Posts: 1, Reputation: 1
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    #5

    Aug 2, 2012, 10:04 AM
    A vehicle is a secured debt and goes to the bank. If they don't come get it, you have a problem. As long as it runs and you want it, drive it. When it gets close to the end of it's useful life or you are done with it start fighting with the bank to come get it. That's probably the best way to get them to do something. Asking for the title only leads to them wanting money. I recommend threatening to charge them storage fees and so on. If the bank is close by offer to drop it off for them. Whatever gets it out of your hair before it dies and you are stuck with a huge piece of trash you can't throw away. I know of a person who took their car apart, sold the usable parts, and recycled the remaining metal as scrap metal and threw away the rest because the bank wouldn't come get it and wouldn't give them the title. That may sound like a pain but if you got to drive the car free for a few years then don't complain. All in all banks sometimes just leave you with a vehicle. They got stuck with no payments and you got stuck with a ghost vehicle. All's fair in bankruptcy.
    GEO1's Avatar
    GEO1 Posts: 1, Reputation: 1
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    #6

    Sep 7, 2013, 12:54 PM
    If they did not repo, it simply was not cost effective to do so... Depending on the amount of money owed, they'll accept 30% of outstanding debt (provided all remaining debt has been discharged in BK). If vehicle is worth less than 30% of outstanding debt, provide proof of value. With any settlement offer, you must provide a hardship letter of explanation. Be respectful, truthful and honest...

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