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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 15694
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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I live in Texas and 4 1/2 years ago I filed chapter 13 bankruptcy

Resolved Question:

I live in Texas and 4 1/2 years ago I filed chapter 13 bankruptcy which include my vehicle and home. Due to unemployment and other circumstance beyond my control the bankruptcy was discharged. I owed Ford Motor Credit only 659.00. Once the bankruptcy was discharged I called Ford to see if I could just pay the 659.00 customer service stated they would seek full arrears amount of 5k. The vehicle is a 2000 Chrysler 300M which no longer runs, the motor has a crack so it no longer runs. It has been sitting in my drive way for over 1 year. Ford Motor credit stated that they did not want the vehicle but would accept any payment I agreed to pay towards the 5K. This is not an option for us, the only terms we would agree to would be payout of 1K taking unto consideration interest on the 659.00 that was due in bankrupcy before discharging. My question is what are my options for this vehicle, I need to have this vehicle removed or sold. Please advise my rights as a consumer who wants either a payout and title or repossession of the vehicle to be towed off property.
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 2 years ago.

WALLSTREETESQ :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on

WALLSTREETESQ :

Is the title in your name, currently?

WALLSTREETESQ :

Is the car registered or titled to the bank?

WALLSTREETESQ :

Your situation is common, when the vehicle is older and not worth it to the creditor to pick up. You can continue to drive the car but you will never get the title to it. In

WALLSTREETESQ :

In your situation you need to send a certified letter to the creditor, stating that they have 60 days to pick up the vehicle, if not you will consider the property abandoned, and have it removed from your property and sue them for the expenses.

WALLSTREETESQ :

Be aware in Texas, if you wish you can have the car considered ABANDONED under the law, and have it become your property as well.

WALLSTREETESQ :

§ 72.101. PERSONAL PROPERTY PRESUMED ABANDONED. (a) Except as provided by this section and Sections 72.1015, 72.1016, and 72.102, personal property is presumed abandoned if, for longer than three years: (1) the existence and location of the owner of the property is unknown to the holder of the property; and (2) according to the knowledge and records of the holder of the property, a claim to the property has not been asserted or an act of ownership of the property has not been exercised. (b)(1) The three-year period leading to a presumption of abandonment of stock or another intangible ownership interest in a business association, the existence of which is evidenced by records available to the association, commences on the first date that either a sum payable as a result of the ownership interest is unclaimed by the owner or a communication to the owner is returned undelivered by the United States Postal Service. (2) The running of the three-year period of abandonment ceases immediately on the exercise of an act of ownership interest or sum payable or a communication with the association as evidenced by a memorandum or other record on file with the association or its agents. (3) At the time an ownership is presumed abandoned under this section, any sum then held for interest or owing to the owner as a result of the interest and not previously presumed abandoned is presumed abandoned. (4) Any stock or other intangible ownership interest enrolled in a plan that provides for the automatic reinvestment of dividends, distributions, or other sums payable as a result of the ownership interest is subject to the presumption of abandonment as provided by this section. (c) Property distributable in the course of a demutualization or related reorganization of an insurance company is presumed abandoned on the first anniversary of the date the property becomes distributable if, at the time of the first distribution, the last known address of the owner according to the records of the holder of the property is known to be incorrect or the distribution or statements related to the distribution are returned by the post office as undeliverable and the owner has not: (1) communicated in writing with the holder of the property or the holder's agent regarding the interest; or (2) otherwise communicated with the holder regarding the interest as evidenced by a memorandum or other record on file with the holder or its agents. (d) Property distributable in the course of a demutualization or related reorganization of an insurance company that is not subject to Subsection (c) is presumed abandoned as otherwise provided by this section.

WALLSTREETESQ : Texas Property Code - Section 72.101. Personal Property Presumed Abandoned
Customer:

I'm unsure of how the paperwork is titled; before bankrupcy it was in both names (husband and I) now since the bankruptcy is discharged the car could be titled to Ford Motor Credit, I have not received anytime of documentation from the state such as renew license notification.

WALLSTREETESQ :

You should consider looking into the situation, most likely it was transferred,

WALLSTREETESQ :

You have two options,

WALLSTREETESQ :

1. send a certified letter to the the bank and state that they have 60 days to pick up the property or it will be removed from your property and they will be liable for fees.

WALLSTREETESQ :

2. Go to Court and declare the property abandoned and keep the vehicle.

Customer:

Do you think with me sending notification they will reconsider and negotiate final settlement? I could use this as a down payment on another vehicle. The motor is inoperable but the exterior and interior is in good shape

WALLSTREETESQ :

Yes,

WALLSTREETESQ :

You should cite the TEXAS law, on abandonment,

WALLSTREETESQ :

they will know that the property can be declared abandoned,

Customer:

Will do just that, thanks again for your assistance.

WALLSTREETESQ :

You should also advise them in writing that you will bring a lawsuit for storage and rent, for all the months they have not removed the care from your property,

WALLSTREETESQ :

they owe you storage fees, legally

WALLSTREETESQ :

If you have any further questions please do not hesitate to ask.

WALLSTREETESQ :

I would even consider suing them in small claims court for the fees, that will force them to settle

WALLSTREETESQ :

If satisfied please press the accept button so we can receive credit

Customer:

How would I do the calculation for the fees, is there a standard amount in these instances?

WALLSTREETESQ :

Not really, you can put a low number $10.00 per day,

WALLSTREETESQ :

change that to $10.00 per week, for 4 1/2 years

Customer:

Ok thank you again for your assistance.

WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 15694
Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
WALLSTREETESQ and other Bankruptcy Law Specialists are ready to help you

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