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Andrea Ray
Andrea Ray, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 82
Experience:  Over 5 years experience in consumer protection law and creditors' rights
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My husband recently passed away, he had a car which he was

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My husband recently passed away, he had a car which he was making monthly payments, I reported his death of the car company, i was not a co-borrower, I reported his death to the car company, hoping they would refinance the car in my name at a lower rate (lower monthly payments) I was not working due to his illness, I am not employed but will be receiving 50% of his pension, the car company will not accept any payments from me, I am willing to make payments, but they won't take any payments because the car was in my deceased husband's name, I am trying to get the refinanced in my name but cannot because of my low credit rating I am trying to get a co-signor but to avail, can the car company take the car from me, as they told either make full payment on the car or surrender the vehicle.
Submitted: 8 years ago.
Category: Consumer Protection Law
Expert:  Andrea Ray replied 8 years ago.
I am sorry for the loss of your husband.

Unfortunately they are able to do that. The contract provides that the customer is in default upon death. This means that they can demand the full outstanding balance or surrender of the vehicle. This is just something they have to do. They cannot leave a deceased customer's account open. Keep trying to get a loan in your name for the car. I can't tell by the info you gave but if you are not trying other lenders you should be. Credit unions are often able to "serve the underserved" by extending credit to someone without a good credit rating. However, if you are not employed you are going to have to show that these pension payments will be coming to you very soon in order to get a loan from anyone. Good luck and I hope this answers your question.
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