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BofA Auto repo experience?

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    #1

    BofA Auto repo experience?

    Has anybody had an auto repo'd by Bank of America? We are discharged, but our bk isn't closed yet. According to the BofA people I talked to we are not marked for a repo yet, but I don't want to get start getting current (we are 2 months behind) on payments just to have them repo our car.

    Also, I know some states require a notice to be given before an auto is repo'd but I can't find any info online about this. I just don't want our car to be repo'd with no notice (obviously...like who would!).
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    #2
    Congrats on your discharge, i just had mine too.
    I am actually stressing about the same thing.... posted similar questions not long ago too and never received a response. Not sure if that is good or bad.

    I was never able to find any repo laws either..... my lawyer says it is rare if you are keeping up with the payments. He told me none of his clients have ever had a repo doing a ride thru.

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      #3
      Originally posted by KKAB View Post
      Has anybody had an auto repo'd by Bank of America? We are discharged, but our bk isn't closed yet. According to the BofA people I talked to we are not marked for a repo yet, but I don't want to get start getting current (we are 2 months behind) on payments just to have them repo our car.

      Also, I know some states require a notice to be given before an auto is repo'd but I can't find any info online about this. I just don't want our car to be repo'd with no notice (obviously...like who would!).
      Just make sure you keep in contact with your lender. I was stressing about the samething also. My lender explain to me that they would not come to repo the car after the discharged. Only if I was 45-60 days past due, but every lender is different. So be very careful, just keep in contact with them as much as you can. I got so sick of looking out the window to make sure my car was there. I am about 15 days behind on my payment every month, my car is still outside thank god.

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        #4
        Ash, can they repo after the discharge or do they still have to file a motion to lift the automatic stay until it is actually closed? I know our mortgage company just had to file for relief of auto stay. I call them all the time, but I still keep looking at my window! We will have it paid off in Feb, but are currently 3 months behind...trying to catch up!

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          #5
          Originally posted by KKAB View Post
          Ash, can they repo after the discharge or do they still have to file a motion to lift the automatic stay until it is actually closed? I know our mortgage company just had to file for relief of auto stay. I call them all the time, but I still keep looking at my window! We will have it paid off in Feb, but are currently 3 months behind...trying to catch up!
          From my understanding the day after your discharge, they can come in take it. Just keep in contact with them, let them know what your intentions are. You didn't sign a reafirm agreement right?

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            #6
            No, I didn't reaffirm the loan. I think my states has a 7 day notification before a car can be repo'd- the laws are so dang confusing, though! I asked them yesterday when I made my payment if it was marked for repo and they said no...hopefully that was truthful! Thanks for the info!

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              #7
              Originally posted by KKAB View Post
              No, I didn't reaffirm the loan. I think my states has a 7 day notification before a car can be repo'd- the laws are so dang confusing, though! I asked them yesterday when I made my payment if it was marked for repo and they said no...hopefully that was truthful! Thanks for the info!
              Don't stress, I think you are going to be ok... Just try to get your payments caught up before your discharge. When I had my re-afirm hearing my Judge told me that if your are making payments during your BK. They really won't bother with you. They want the "money" not the car, in hard times like this.

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                #8
                Good info... I am also looking out my window every 15 minutes too. It is crazy

                Ash... did you get your lender to start sending you bills again. Should i just call and ask? Mt case is just closed and it would be nice to get a bill again.... never thought i would say that

                Comment

                  #9
                  Originally posted by MSH View Post
                  Good info... I am also looking out my window every 15 minutes too. It is crazy

                  Ash... did you get your lender to start sending you bills again. Should i just call and ask? Mt case is just closed and it would be nice to get a bill again.... never thought i would say that
                  LOL... I do not miss the bills or the phone calls. But to answer your question, no they have not starting back sending me bills. My case was discharged on 06.16.2009, and closed on the 30th. But guess what? My car is still outside which is a true blessing, I am able to make the payments.

                  Comment

                    #10
                    Originally posted by KKAB View Post
                    Has anybody had an auto repo'd by Bank of America? We are discharged, but our bk isn't closed yet. According to the BofA people I talked to we are not marked for a repo yet, but I don't want to get start getting current (we are 2 months behind) on payments just to have them repo our car.

                    Also, I know some states require a notice to be given before an auto is repo'd but I can't find any info online about this. I just don't want our car to be repo'd with no notice (obviously...like who would!).
                    Once your bk is discharged the automatic stay is lifted.
                    You do not have to be given notice before repo.
                    The only you would have been given notice in the BK is when they file a motion to lift the automatic stay.

                    It doesn't matter if you bk is closed or not, just the discharge.
                    Once the discharge happens it just like any other repo, no notice needs to be given.

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