They Repossessed My Car-- Not for Payment Related Issue

[kilee]

I was on my way home from the doctors this afternoon when my 16 yr old son called me upset. He said some guy w/ a tow truck was there to take my car and he didn't know what to do.

Anyhow.....I was panicked....and freaking out....I never made a single payment late on the car.

That didn't matter, unfortunately.....the car was financed by my grandfather-in-law because we could not get a loan at the time. Because he didn't even have a drivers license anymore the car was insured and registered to us-- and then my husbands name and grandfathers name were on the title together.

My grandfather-in-law passed away suddenly back in May of this year. About 3 weeks after the death I called the bank the loan was through and kept records of everyone I talked to.

Basically, I needed to know what to do w/ the car and the loan. The whole while I just kept making the payments. They responded at the time that as long as the car was being paid on it didn't matter what we did w/ the car.

I also spoke to my mother who is a branch manager for a large bank-- and she told me the same thing. She see's it all the time. The bank would rather get their money every month than take the car back.

So......I've continued to make the payments on the car and everything was fine. I'd drop the payments off in the night deposit every month at the local branch and they'd send me receipt w/ a little thank you sticky note attached right to my address every month.

Well.....seems that doesn't work for them anymore. No notice-----no anything---they literally just came and took the car. The only person I could talk to at the bank gave me the name of the person who issued the repo order and told me they were not in. She apologized and said she's never really dealt w/ this type of situation before and doesn't know what to tell me.

I am at a loss....part of me cannot believe this was done w/o notice. Which I did check w/ my husbands aunt who lived w/ the grandfather and still lives at that residence. She says she's heard nothing.

 

[Sosai X]

Go to your local police precint and get the details of the reposession. The person doing the repo is required by law to notify the police of the repo and file this form:

http://www.nydmv.state.ny.us/forms/mv327.pdf

The form will contain the name, address and phone number of the person that did the repo. Also the repo agent is required by law to return the license plates to the DMV within 24 hours of the reposession. Call the DMV and see if your plates have been turned in, and by whom.

If the police and DMV have no record of the repo, file a stolen vehicle report with the police and contact your insurance agent as well.

Here is the state law regarding repo:

New York Vehicle and Traffic Law Section 425 - Repossession Of Motor Vehicle Or Motorcycle; Garageman's Lien; Notice To Police.

§ 425. Repossession of motor vehicle or motorcycle; garageman's lien;
notice to police. 1. Any person, firm or corporation, or agent, employee
or representative thereof, repossessing or retaking a motor vehicle or
motorcycle pursuant to the provisions of article nine of the uniform
commercial code, or other authority of law, or any contract or
agreement, shall, immediately following such repossession or retaking,
personally appear at a station house or other office of the police
department, or agency or officer performing like functions, in the
locality wherein such repossession or retaking occurred, give notice to
such department, agency or officer of such repossession or retaking and
thereafter and within twenty-four hours personally deliver or mail by
special delivery first class mail to the nearest motor vehicle district
office, (a) notice of such repossession or retaking in such form as the
commissioner may require and (b) the number plates of such motor vehicle
or motorcycle. Notice of such repossession or retaking, including the
name and address of the person, firm or corporation repossessing or
retaking the same, shall also be given within twenty-four hours thereof
to the owner of such motor vehicle or motorcycle, either personally or
by registered or certified mail directed to such owner at his last-known
address. Unless the motor vehicle or motorcycle can be repossessed or
retaken without breach of the peace, it shall be repossessed or retaken
by legal process, but nothing herein contained shall be construed to
authorize a violation of the criminal law.

 

[bicker]

My guess is that what should have happened is that the loan should have been paid back when the borrower passed away, and absent that, our nation's recent credit problems won't allow compliance officers to permit a debt to remain on the books when the borrower is deceased.

Who's the executor of the estate? The holder of the loan almost surely issued notification to the borrower, and so the executor probably received that notification (or overlooked it).

 

[3boymthr]

I'm not sure if this will help as your reposession was not late payment related but I do know that if they are going to reposess a car they are required to send a 21 day CURE letter (I used to work for GMAC and my job was to send the letters) to the holder of the loan. That's supposed to give the holder of the loan notice that they have 21 days to resolve the payment issue or the car will be reposessed. If they don't send the notice they can't repossess the car. Where you're repossesion is not payment related I'm not sure if they are required to send this notice. Check if they sent the letter to DGF if not then it might give you a way to get the car back.

 

[charming23]

The same thing recently happened to me. My father passed away back in June and we had an SUV on his name with my name on the title as well. He was the only one listed on the loan and so I called and spoke with them about a week after he passed to find out what could be done. The representative at the bank told me that as long as the payments were made on time and in full every month there should be no problem but she would have someone get back to me. So I ater not hearing back for two weeks I called back and they said everything was fine.

So I continued making payments and then this past Friday I recieved a message from the company asking to call back about an important matter. It was after hours and I was gone all day Saturday (they have no Sunday hours) so I was going to call first thing Monday morning. Well I was awoken by the alarm on the car going off at 6:15 am Monday morn. So I ran to the back door to see the guy taking the car away. He stopped and informed me the car was being repossed and gave me a card with a number to call on it.

I called as soon as they opend at 8am and was told be a very snotty employee that they had been calling for the past 2 months to speak with me (the only message I ever recieved was the one from friday no others were left) and since they had not heard back they repossed the car. I argued that I was making payment on time and had spoken to two representatives (had their names and when I spoke with them written down) that as long as the payments were on time there was no problem. She proceeds to tell me that since I am unemployed (how they knew that is beyond me I never gave them that info) they could not continue the loan and that we could pay for the car in full if we wanted it back. Then she tells me if it goes to auction we are responsible for any difference between what the loan was for and what they sell it for.

I am so upset and have no clue what to do. Why should my employment status have anything to do with it if the payments have been on time for the entire length of time we have had the car?

 

[Gabes_mommy]

The same thing recently happened to me. My father passed away back in June and we had an SUV on his name with my name on the title as well. He was the only one listed on the loan and so I called and spoke with them about a week after he passed to find out what could be done. The representative at the bank told me that as long as the payments were made on time and in full every month there should be no problem but she would have someone get back to me. So I ater not hearing back for two weeks I called back and they said everything was fine.

So I continued making payments and then this past Friday I recieved a message from the company asking to call back about an important matter. It was after hours and I was gone all day Saturday (they have no Sunday hours) so I was going to call first thing Monday morning. Well I was awoken by the alarm on the car going off at 6:15 am Monday morn. So I ran to the back door to see the guy taking the car away. He stopped and informed me the car was being repossed and gave me a card with a number to call on it.

I called as soon as they opend at 8am and was told be a very snotty employee that they had been calling for the past 2 months to speak with me (the only message I ever recieved was the one from friday no others were left) and since they had not heard back they repossed the car. I argued that I was making payment on time and had spoken to two representatives (had their names and when I spoke with them written down) that as long as the payments were on time there was no problem. She proceeds to tell me that since I am unemployed (how they knew that is beyond me I never gave them that info) they could not continue the loan and that we could pay for the car in full if we wanted it back. Then she tells me if it goes to auction we are responsible for any difference between what the loan was for and what they sell it for.

I am so upset and have no clue what to do. Why should my employment status have anything to do with it if the payments have been on time for the entire length of time we have had the car?

Oh my goodness, this is so awful! Is there any way you can take out a loan quickly to pay the balance on the previous loan?

OP - I am so sorry this happened to you too. I hope you can get it resolved soon.

 

[monkeybug]

I had my car accidentally repossessed once! I came home from work and there was a tow truck in front of my house! The man told me he was taking my car and I thought it was a joke. After figuring out rather quickly that indeed it was not I told the tow truck driver "this is a mistake! I'm not behind on any payments, I have them automatically withdrawn!" he replied rather smugly "young lady I have been doing this for over 10 years and that's what everybody says. It's not a mistake!"
Well he didn't look quite so smug when he had to deliver my car back to me at 6 the next morning. I had a cup of coffee waiting for him.
It seems that when I set up my automatic payments they had transposed my account number and were applying my payments a different loan! I never got the late notices because they were being sent to my previous address (my fault). It was a LONG phone conversation to get it all worked out!!
Now on all those Ice breaker games at meetings I get to be the girl whose car was once accidentally repossessed!

 

[kimmar067]

...OMG, that's AWFUL! Keep us posted....

 

[minniebeth]

Well he didn't look quite so smug when he had to deliver my car back to me at 6 the next morning. I had a cup of coffee waiting for him.

Now on all those Ice breaker games at meetings I get to be the girl whose car was once accidentally repossessed!

Kilee, I'm so sorry this has happened to you and that you can get it all resolved soon! What a headache!

 

[JR6ooo4]

and try to think of all the personal items that were in the car at the time. make a list.

Hopefully they will still be there.

Mikeeee

 

[ma2jr]

Geez what a mess... I hope it gets worked out quickly. If your hubby was part owner can they do that? Might want to consult a lawyer.

 

[barkley]

i'm think it might have something to do with the way the estate is be executed as well. not sure how it works in other states but you generaly have to notify those who hold existing outstanding balances against the deceased-and if you can't pay them in full with the estate's finances you have to notify them of that as well.

i'de check with whomever is executing the estate in addition to contacting the financial institution.

if it was financed through a bank or credit union that your gf-il banked at it could be that this action was triggered by the closure of the accounts at the bank. it sounds like it's been just about 6 months since his death and that would be around the right timeline for an executor to leave an account open (esp. if it was checking-to make sure everything that was paid out had cleared, any auto withdrawls had ceased). it's possible that if someone closed his account and the reason given was 'death' it triggers something in the bank's system to notify the loan department.

 

[Mom2Ashli]

Wow. What a mess, I hope you are able to get it worked out.

 

[ma2jr]

I would think they had to legally notify the other party (hubby)

 

[charming23]

Kilee, thanks so much for posting how your car was repossed and giving me the courage to ask about mine. I was so embarrassed to ask if this has happened to anyone else and what they did about it.

I agree with Mikeeee about making a list of all persoanl items in the car. We did and got everything back when we went yesterday.

Gabes mommy, thanks for the kind words. We are still working on solutions and have a meeting with a family friend who is a lawyer to see what can be done.

 

[kimmar067]

Kilee, thanks so much for posting how your car was repossed and giving me the courage to ask about mine. I was so embarrassed to ask if this has happened to anyone else and what they did about it.

I agree with Mikeeee about making a list of all persoanl items in the car. We did and got everything back when we went yesterday.

Gabes mommy, thanks for the kind words. We are still working on solutions and have a meeting with a family friend who is a lawyer to see what can be done.

...glad to see that your story is looking like it will have a happy ending - hope it works out that way for the other poster....

 

[The Mystery Machine]

I would think they had to legally notify the other party (hubby)

No, they would notify the person that held the loan which was the gf's estate.

I think barkley probably has it right. The loan would need to be paid in full upon death.

 

[charming23]

...glad to see that your story is looking like it will have a happy ending - hope it works out that way for the other poster....

Thanks. I too hope that Kilee finds a happy solution.

 

[kimmar067]

Thanks. I too hope that Kilee finds a happy solution.

 

[barkley]

the loan documents need to be looked to as well-if it was financed through a credit union there is sometimes a provision wherein if the title is held between 2 parties but the loan is under one who dies, the entirety of the loan is paid off by through the financial institution's insurance (i know of someone this happened with-he was shocked when he learned that the loan his father took out for the car they both held title to was paid in full by the credit union, but his mother knew of this clause in the policy and notified the credit union to enact it).