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All, i'm really looking for an answer today, i need it. this…

Good morning all, i'm...

Good morning all, i'm really looking for an answer today, i need it. this is whats going on with my current situation. In 2014 I purchased a vehicle and my ex wife co signed for me, monthly payments everything good. In 2016 my ex file for chapter 7 bankruptcy at the time not knowing it would affect my vehicle. The car payments stopped coming out of my check, i even called the financial folks and they didn't have an answer believe it or not, so I left it alone thinking nothing of it. Now fast forward to yesterday March 22, 2018! I get a phone call saying i have to turn my car in within 25 hrs.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Illinois

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

Looking for advise, my ex said she did an reaffirmation and it had on 6g. Monthly payments on all reaffirmed debts not included in monthly expenses --- $0.00

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

I tried contacting in 2016 and they were unaware of the situation on how to handle it, and that I didn't know my ex had an reaffirmation agreement with the creditor but looking at the coversheet it looks like it was a no payment agreement. i just want to know what should i do without penalties.

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Answered in 4 minutes by:
3/23/2018
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 42,543
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

So what did you do with the extra money that should have gone to the car payments?

.

Did you continue depositing it into a bank account to wait on them to contact you to claim it?

.

Have you contacted then about seeing if you can refinance in your name only now?

.

.

thanks

Barrister

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Customer reply replied 3 months ago
The extra money...I thought maybe the car was paid off with the bankruptcy since they never contacted me by phone, email of mail.
I haven't talked to them since the rude phone call conversation yesterday about turning the car in. i told him let me find out some things and call you back. And far as putting the money away to wait on them...no i didn't.
Customer reply replied 3 months ago
Nothing, no and no.
Customer reply replied 3 months ago
I just want to know if I'm right or do I need to turn it in. Just looking for a solid advice.

Working on it..

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Ok, that kind of presents a problem because to be honest with you.. you should have known you dont' get a free car if your ex files BK...

.'

At this point, you are going to have to either contact them to see if you can refi the loan into a new one and extend the payments so you can resume them, or talk to a local bank you do business with... maybe a credit union (as they have very low rates) and see if you can refi the amount due into a new loan..

.

But if you turn in the car, it will go to auction and then the lender will sue you civilly for any deficiency. Cars sell for half what they are worth at repo auctions, so it would be better to try and sell it privately and sign a Note with the lender for any deficiency to repay them rather than get it repoed and sold...

.

So I would start out by contacting their financing dept and just ask them what your options are and if they would allow you to refi with them if you want to keep the vehicle.. If not, then see if they would allow you to sell privately and sign a new agreement to pay any deficiency without being sued..

.

Or I suppose you could always just file BK yourself and discharge this debt along with any others you have if you were in a position to do so..

.

.

thanks

Barrister

Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 42,543
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified
Barrister and 87 other Legal Specialists are ready to help you
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Customer reply replied 3 months ago
Thank you so much, that was solid advise!!!
And I really thought that the Bankruptcy paid it off, foolish of me. So, can they threaten me to turn it in within 25 hrs?
Customer reply replied 3 months ago
Thank you so much, that was solid advise!!!
And I really thought that the Bankruptcy paid the car off, foolish of me. My last question --So, can they (Financial lender) threaten me to turn the car in within 25 hrs?

Sorry for the delay..had to be out of office.. . Basically yes, they can threaten to come repo the car at this point.. so if it were me, I would probably either keep it in a locked garage or park down and around the corner from where you live if you don't have a lockable garage until you talk to them to sort this out..

.

But they can't force you to turn the car in, they could just send out a repo truck to try and recover it..

.

.

thanks

Barrister

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Customer reply replied 3 months ago
Thank you!
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