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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102600
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Ely, If my Estranged asked a bank to do a voluntary repossession

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If my Estranged asked a bank to do a voluntary repossession on a car that (according to the original temp orders) I am to have possession of and we are both on the loan. what do i need to say to the bank, or ask them in order to dig deeper?
Hello friend,

I hope you are well.

You say "if" she has asked the bank to do this. Has she, or has she not? Also, are you behind on the payments at this time?
Customer: replied 4 years ago.



No, the car is not behind, nor has she ever made a payment on the car. I have taken care of it since 2005. I was seeking basic information because I had heard a rumor that she was going to attempt this "divorce dirty trick". I am just seeing if it was something that she could do legally if we are both on the note/loan.

Friend - I am in receipt of your reply. My apologies for the wait. You may have noticed that I have taXXXXX XXXXXer to respond than usual - this is because I have been in court for the majority of this week. Hence the longer than usual wait between my responses. This should be back to normal next week. I wanted to give you a heads up - I am in receipt of your reply but please allow me a few hours to reply - toward the evening. No need to respond to this communique - this is just an FYI so you know I have not forgotten you. I shall reply by the evening.

My apologies for the wait.

What normally happens in a divorce when there is an item mortgaged by both parties is that the Court cannot simply "void" the contract for one of the parties, since this would be unfair to the lender who is not party to the divorce.

Ergo, what the Court does is state that one party must (1) continue to make payments wholly themselves, even though both are on the mortgage/loan and when the item is paid off, then they get the item and the other non-paying party signs off on the title transfer, or (2) the party that gets the item re-finances and takes the other off the mortgage/loan.

If a party that does not have court-ordered possession of the item attempts to interfere with your possession of it, then they can be held in contempt. So of course you have this option, but it is a post facto option - what can you do now to avoid even having to be in such a situation?

Tell the lender. That is right - it is that simple. Simply contact the bank and tell them that you have the court-ordered possession of the item. Send them a copy of the temporary orders with the proper paragraph highlighted along with an explanatory cover letter, warning them that you have possession, and she cannot ask the bank to repo the car because the Court has given the possession (and the ability to repo, arguably) to you, at least temporarily. The bank may then disregard any of her requests for this until/unless the orders change and she has possession.

The bank will know what to do most of the time. It is a good idea to come into the branch and ask to speak with the branch manager about this, and personally hand them the letter with the copy of the orders. This should help guard against her doing this.
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