Auto reaff denied, credit union doesn't want car

[ktcham]

Hello,

My ch7 was discharged about 2 weeks ago. The credit union says the car isn't worth repossessing and that I need to make an offer for the title. Are the financial institutions allowed to request money for the title.

[JollyGG]

Gotta say - I don't see any reason why they can't.
They can't come after you for any deficient balance because of the BK, but they still have rights to the car. So if you haven't paid the car off they legally don't have to release the lein. They already said they don't want to waste the money on repossesion so give them a really low offer.

[JRScott]

I believe the are allowed to. I have a DELL computer that I owe money on as part of my bankruptcy. The lawyer told me that it was unlikely they'd want it back since its over 3 years old and isn't worth what I owe. He said they'd most likely make an offer of pay X amount and keep it. He said could be like a hundred dollars or so.

Now I"m not sure about a car but that's what I was told to expect on my computer.

[NYCountry]

I told my credit union to come and get my car. They will not. It would cost a few hundred to get it towed, more $ to have it stored, then someone would have to take it to the auction - more towing and the money it would cost to have that person take it to the auction and handle the paperwork and then maybe it would only go for $10. It is a 1999 Chevy Tracker 4X4. Soooo, I still don't have the clear title but I do have the car and I don't care if they have their name on it.

[HHM]

Offer them $100 and see what they say.

[lostinmich]

Hell, offer them $10! They don't want it.. keep driving it for free. I just don't see why you would make them an offer for anything other than a few bucks. You have the upper hand here.

[HHM]

Hell, offer them $10! They don't want it.. keep driving it for free. I just don't see why you would make them an offer for anything other than a few bucks. You have the upper hand here.

Yes and no, he has the upper hand in the sense that he doesn't need to pay them anything and so long as they don't repossess, he can drive the car. The problem is unless some settlement can be reached, he can't get clear title in the event he may want to sell the car in the future.

It would be interesting to ask a lawyer (and I'd be surprised if a lawyer would even know the answer without researching it), whether, after certain amount of time, you can clear title based on abandonment or something similar.

[CindyLou]

I believe the are allowed to. I have a DELL computer that I owe money on as part of my bankruptcy. The lawyer told me that it was unlikely they'd want it back since its over 3 years old and isn't worth what I owe. He said they'd most likely make an offer of pay X amount and keep it. He said could be like a hundred dollars or so.

Now I"m not sure about a car but that's what I was told to expect on my computer.

I never heard a PEEP out of Dell!!

[jal1129]

As far as getting a clear title he can call his DMV to find out. A few years ago we had a situation where we could not get the title to our car. To make a long story short the car was titled only in DH's name, so the banks would not talk to me. DH would'nt take the time to call about why we had'nt recieved the title after pay off. After a couple of years I took matters in my own hands and got on the phone and found out the bank had been sold/bought out a couple of time since we paid off the car, no one knew who had the title. I did finally find someone who was willing to help me but DH would have to submit a request in writing.

I called the DMV to see if the lien had been removed and of course not it was still in place. I explained the situation and asked what could be done. They told me that after 10 years they automatically release any liens. So..at that time it had been about 8 years since we bought it. DH never took the time to hunt down the title, so at 10 years I called up the DMV they had released the lein and gave us a copy of the title. HTH

[ktcham]

Thanks for all of your responses. So it's ok for them to do that even though I haven't asked for the car? What is there to settle if I don't want it? I just don't see how repossessing it is a waste of resources but holding onto a title of something they don't want isn't a waste. What would holding onto the title do for them since I don't have an obligation to them any longer and the car will not bring them any profit? They said themselves that it's too old (12yrs) and has too many miles on it. Guess I feel like they're playing me in a since because the representative suggested that I "do the credit union a favor, put a for sale sign on it, give them the profit, and they'll send the title after that." Guess I'll see if I can get one of those free consultations and hope the lawyer will tell enough to point me in the right direction.

[JRScott]

Thanks for all of your responses. So it's ok for them to do that even though I haven't asked for the car? What is there to settle if I don't want it? I just don't see how repossessing it is a waste of resources but holding onto a title of something they don't want isn't a waste. What would holding onto the title do for them since I don't have an obligation to them any longer and the car will not bring them any profit? They said themselves that it's too old (12yrs) and has too many miles on it. Guess I feel like they're playing me in a since because the representative suggested that I "do the credit union a favor, put a for sale sign on it, give them the profit, and they'll send the title after that." Guess I'll see if I can get one of those free consultations and hope the lawyer will tell enough to point me in the right direction.

You mentioned your BK was discharged about 2 weeks ago?

Did you file with a lawyer? If so I'd give them a call ask them what they would offer. They might know more about it in your area.

Still having the clear title is a good thing, I'd offer em a 100 dollars see if they take it .

[keepmine]

Maybe this will help.

http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=05-2453.01A

[ktcham]

Maybe this will help.

http://www.ca1.uscourts.gov/cgi-bin/...ON=05-2453.01A

It definitely helps and thanks for that. I spoke with a bk attorney today and he said that the credit union cannot refuse to take the car back and that I may drop the car off at the bank and get them to sign for it. He also said that the other option would be to drive it without a clear title. I sent a certified letter to the President and the Complaint Manager asking if they wanted a judge to decide? Thanks for everyone's responses.