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My adult son mentally and verbly abused me to get me to

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My adult son mentally...

My adult son mentally and verbly abused me to get me to cosign a car for him. I am on SSDI for severe depression and anxiety. He as well has mental illness, but I belied him that he was get a settlement from a medical issue with previous meds. He did well for while on the payments, but unfortunately has been hospitalized, at my request. He has no idea od what reality is. He is diagnosed now as SMI (severely mentally ill) and remains hospitalized. I only finally agreed to go to apply for car, only full on knowing my credit would decline. The dealership inflated my income when i repeatedly advised not to include all deposits on my bank statement because they didn't belong to me The did include money that was not mine, lied to the lender regarding my income. That,s the only way the dealership could get it approved. I cannot afford the payments, and now repossession is looming. I there anything I can do?

Lawyer's Assistant: What state is this in? And when did the issue begin?

Arizona I believe it was in the spring of last year when we purchased the car

Lawyer's Assistant: What steps have you taken so far?

Nothing

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of at the moment

Submitted: 4 months ago.Category: Legal
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Answered in 22 hours by:
3/17/2018
Lawyer: Phillips Esq., Attorney-at-Law replied 4 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 22,396
Experience: B.A.; M.B.A.; J.D.
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Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Lawyer: Phillips Esq., Attorney-at-Law replied 4 months ago

I am so sorry to read about your difficulties.

Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

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Lawyer: Phillips Esq., Attorney-at-Law replied 4 months ago

Your Question:

My adult son mentally and verbly abused me to get me to cosign a car for him. I am on SSDI for severe depression and anxiety. He as well has mental illness, but I belied him that he was get a settlement from a medical issue with previous meds. He did well for while on the payments, but unfortunately has been hospitalized, at my request. He has no idea od what reality is. He is diagnosed now as SMI (severely mentally ill) and remains hospitalized. I only finally agreed to go to apply for car, only full on knowing my credit would decline. The dealership inflated my income when i repeatedly advised not to include all deposits on my bank statement because they didn't belong to me The did include money that was not mine, lied to the lender regarding my income. That,s the only way the dealership could get it approved. I cannot afford the payments, and now repossession is looming. I there anything I can do?

Response: Stop making payments on the car and let the car be repossessed. The dealer's actions on the transaction are illegal--inflating your income, lying on the loan application, etc. You do not have any option but to let the car go under the circumstances. Nevertheless, if or when the car is sold and you get a notice of deficiency from the lender ("they" or "them" or "their" or "creditor"), you need to challenge their calculation. You do not have to take their word for it. And more importantly, you do not have to pay for the deficiency. Let them file a lawsuit. If or when they file a lawsuit for deficiency, for the balance on the loan after the auction, you should challenge the balance given to you by the lender (“creditor”) after the sale. You would have some defenses to their complaint for deficiency judgment. One of your defenses would be that the sale of the car was not done in a commercially reasonable manner. Once you make this defense, the creditor would then have the burden to prove that all aspects of the sale were reasonable including the notice provided to you before the sale, the advertising made to the public, the timing of the sale of the car and how the creditor ultimately got rid off the car.

You would also have other defenses and counterclaims such as

(1) Was your personal property in the car seized when the car was repossessed?
(2) Were the creditor's expenses of repossession reasonable?
(3) Was the deficiency correctly computed?
(4) Deception in original purchase of the car.
(5) Defects in the car's subsequent performance.
(6) The terms of the financing.
(7) The creditor's debt collection conduct

and so on...

You can retain the services of a local consumer Attorney to assist you with the case. Most consumer Attorneys work on contingent fee basis and thus the Attorney that you retain may not ask for upfront fees unless he or she wins the case for you. Even then, you may not have to pay out of pocket as most Courts do award Attorney fees to prevailing consumers.

You can use the following sites to find local consumer Attorneys:

Consumeradvocates.org

Lawyers.com

Justia.com

Findlaw.com

Best wishes,

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

Thank you for your cooperation.

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