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is it possible to get a car back after it has been repossessed,

Customer Question
if so what is the...
is it possible to get a car back after it has been repossessed, if so what is the quickiest approach.
Submitted: 8 years ago.Category: Legal
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Answered in 25 minutes by:
6/10/2010
Lawyer: RobertJDFL, Attorney replied 8 years ago
RobertJDFL
RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 15,343
Experience: Experienced in multiple areas of the law.
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Thank you for your question and my apologies for the delay -the site went down for a few minutes.
In any event, yes, you can redeem a vehicle (get it back) in Texas at any time before
the vehicle is sold by the lender or they enter into a contract to sell it.
However, it will NOT be cheap. Texas Statute Section 9.623 provides:

§ 9.623. RIGHT TO REDEEM COLLATERAL. (a) A debtor, any
secondary obligor, or any other secured party or lienholder may
redeem collateral.
(b) To redeem collateral, a person shall tender:
(1) fulfillment of all obligations secured by the
collateral; and
(2) the reasonable expenses and attorneys' fees
described in Section 9.615(a)(1).
(c) A redemption may occur at any time before a secured
party:
(1) has collected collateral under Section 9.607;
(2) has disposed of collateral or entered into a
contract for its disposition under Section 9.610; or
(3) has accepted collateral in full or partial
satisfaction of the obligation it secures under Section 9.622.

What this means is that you have to satisfy the obligations of the lender. On a default, that could
mean making up just the missed payments, or it could mean paying off the loan.
Depends on what your contract says, only your lender can tell you that.
Also, they can charge you for the costs of the repossession and attorney fees,
which normally will run a couple of thousand extra dollars.

It's unlikely another lender will loan you money for this either, because the repossession
may be on your credit report. Your lender isn't going to simply give you back the car
or take payments towards what is owed. If lenders turn you down, you'd have to look
to family or friends to borrow the money, perhaps.

If the vehicle is sold, you have to be given notice of the sale, and the lender must sell the vehicle
for a reasonable value. They can still, however, come after you for any balance left on the
loan that the sale of the vehicle does not satisfy.


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Customer reply replied 8 years ago

I asked toyota to refinance and they wouldn't, because the car was repossessed. My son was being treated for a brain tumor which caused me to get behind a couple of months. I make more than enough money to pay monthly payments since my son cemo treatment has ceased.

Are the companies that offer Lending Tree for one legit. I want my car back. It is to much owed to pay it off. I need an option other than Toyota to help get my car back. Thanks

Customer reply replied 8 years ago

Do other companies exist that can help me get my car back? My credit is fair.

Lawyer: RobertJDFL, Attorney replied 8 years ago
I am glad to hear your son is doing better.

While I have no personal experience with Lending Tree, some quick research led me to a lot of complaints about the service. Two complaints seem to come up a lot -the first that they sell your information to third parties who then contact you all the time. Annoying for sure, and not a good business practice. The other complaint is that many of the lenders that contact people seem to want money up front for their services, and that even if a person later decides not to work with the lender, or the loan doesn't go through, the $400-$500 they paid up front is already spent. I'd be very careful.

I would look into credit unions in your area or smaller banks that may be willing to give you the money to refinance than a larger lender.

I don't know of any other lenders offhand (and JA rules prohibit me from giving you such information even if I had it, I believe) but if I'm not answering your question, I'm happy to opt out and let other experts have the chance to assist -just let me know!


Please click on the ACCEPT BUTTON for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you-no payment for my time and effort is made until you click accept. A BONUS TIP is also appreciated. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please click on REPLY (not "Re-list") and I will be happy to assist you further.

Remember that the correct answer is not necessarily always the one you may want to read, but it is important that I give you the most legally correct answer for your situation based on the facts you have provided, so please be courteous when deciding whether to accept an answer and when leaving feedback.


DISCLAIMER: This response is limited by the information that you have provided to this lawyer. Based on the information you have provided, I have responded based on my knowledge and interpretation of existing laws. It is possible that if the same question was asked to another lawyer, the response could be different. This response is for "Legal Informational" purposes only and should not be confused with "Legal Advice" and nothing in this response should be construed as legal advice for any individual case. Under no circumstances does this response directly or indirectly, establish or intend to establish an Attorney-Client relationship. This response is not and shall not be construed as a solicitation for the legal services of any attorney. If you have already retained a lawyer in connection with this inquiry and this fact is unknown to this lawyer, this response should not be construed as impending and/or interfering with your attorney-client relationship with such attorney.

This information is limited in scope and is confined to the question asked and should not be relied upon to provide a comprehensive picture of any particular situation and you are strongly encouraged to seek counsel for further course of action, if applicable. In other words, this response is not intended nor shall it be construed as providing you with all the information that your legal questions/issues may require. If you do require legal advice and retention/hiring of an attorney, I encourage you to consult an attorney who is actively engaged in the practice of law in the area of law relevant to your legal questions/issues and who is admitted to the bar or lawyer licensing agency in your jurisdiction(s) or the jurisdiction(s) that has jurisdiction over your legal questions/issues. This attorney is not responsible for any loss, injury, claim, liability, or damage related to your use of this response, whether from errors or omissions in the content of the response or any other sites that I may provide to you for reference.
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