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Roger
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31567
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I just called Bank of America to make my loan on my vehicle

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I just called Bank of America to make my loan on my vehicle current. It has been over 3 months past due. I owe 7,000 left on a 2003 mustang that has no tires due to flats and can't afford new tires since losing my job. I have paid on the vehicle for over 4 years. Approx 2 years ago I filed a chapter 7 bankruptcy in which I kept my vehicle out of it in order to make sure that it was not repossesed. i just recently was hired full time and can resume paying. However, when I spoke to the BOA representative they stated that they credited it off/wrote it off...meaning that I could not pay a payment and that it was to be reposessed. I explained that the car is inoperable and that I wanted to pay so that I could eventually get the car up and running. The agent explained that the reposess company would evaluate the vehicle and decide if the vehicle was worth reposessing. If it is not the agent explained that due to my bankruptcy I would be clear to keep the vehicle. The car does not even have wheels on it. PLEASE HELP!

Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney here to assist you.

If the vehicle was not included in the bankruptcy, your filing should not really impact your loan.

However, if you do fall behind, the lender does have the right to refuse to accept late payments and repossess the vehicle. You can't stop the lender from repossessing the vehicle, but you can refuse to give it to them voluntarily, and force the lender to file a replevin action in court and get a court order to pick up the vehicle. If the vehicle is not worth recovering, the lender may abandon the attempts if it can't re-take the vehicle peacefully.

The only down side is that if you force the lender to sue for a replevin, the court can award attorneys fees and make you pay that as well. So, there is some risk in holding out.

That said, you can't stop the lender from refusing payments and retaking the vehicle, but you can buy some time in hopes to work something out.

Customer: replied 5 years ago.
Okay. So, like the representative explained...if due to the year of the vehicle and the fact that the vehicle can not be moved is there a chance that the repo company writes the car off? And if this is the case do I ever get the title? The agent explained that the vehicle would need to be physically assesed and then they would be able to determine if the vehicle was worth reposessing? Or can I maybe set up a payment plan with the contracted company? Thank you for your response.

The repo company will take direction from the lender who holds the vehicle's title; but it certainly can inform the lender that the vehicle is not worth recovering.

You can only get clear title if the lineholder signs the title to release the lien. Thus, you need to try and work something out so they will release the car. In order for them to be agreeable to do that, you're probably going to have to pay them something.

If they are still willing to possibly negotiate, I would recommend that you ask what you can do to keep the vehicle and receive a clear lien-free title.

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