Originally posted by HHM
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Lawyer Did Not Include Reaffirmation Of Auto Loan In Chapter 7, Advice!
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Just a note regarding emailing something: I work in graphic design, and when I email a client a proof I always call and ask if they received the email, right after I send it. And I always encourage clients to call me after they've emailed something, to make sure it went through.
Email is NOT like regular mail - it's unreliable. Just because you email something does not mean it made it to its destination. Stuff gets stuck in firewalls, data-damaged in transport, all kind of things. I've had people send me files six times before it comes through - with no explanation as to why it wasn't working. It just doesn't sometimes.
So, a piece of advice to everybody out there: if you're emailing something important, don't just assume it was received if you don't get a bounceback. Call and make sure. And yes - you can do a CC and have some people receive the email, and others not. Email is not reliable. Call and make sure.
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They have the documents. I'm sure of it. He finally got back to me and confirmed that they did receive it. He also told me that they submitted the documents to reaffirm the car loan the day before the deadline. Now, he is saying he and his staff did everything on their end and it's out of their hands. I got fed up not hearing back for weeks and told him it was not professional on his end and an apology is in order here. When he got back to me, he confirmed they have the paperwork and agrees that an apology is owed but no where in the email did he actually apologize! On top of that, he got all technical and points out that "I" didn't email him the documents, my husband did. REALLY!?! Is he serious? The paperwork was signed and returned as necessary, that's what matters. When we were corresponding during our case, there were many times when it wasn't even him emailing me with documents, it was a staff member. Did that make a difference on paperwork getting signed and submitted!?! I think not! On the day of our court hearing, it was another staff member that represented us, not him. All I know is that his legal services cost me 3k, and it did not make a difference whether "I" signed the check or my husband. As long as the check got signed and he got paid, so what does it matter if I return the documents or my husband. This guy is unbelievable.
Here's the thing....I've contacted the car loan several times on several different occasions arguing that my lawyer has submitted the documents. They insist and claim that they do not have any documents or paperwork on file and it was not included in the discharge so there's nothing they could do. They keep referring me to go back to my lawyer. One manager or supervisor that I spoke to even went as far as saying whoever I used as my lawyer did a dodgy job and should ask for a reimbursement. The people at the car loan company are very adamant that they are not the ones who messed up.
So here's my gripe, I did everything on my end...signed, filled out, submitted all documents way before deadline. And the lawyer says they did everything on their end. If everyone did their job, then why should I have to put up with the credit reports that reflects that I've lost my car through discharge. It should reflect that it has been reaffirmed. Especially after I paid 3k for my lawyer. I don't understand why he expects me to turn the blind eye and just pay off the car and once I do ask for a pink slip.
I've requested that he get in touch with the car loan company and get that whole thing sorted out. The lawyer claims they submitted the paperwork, the car loan company is adamant they have nothing, and I've already called them several times. He sends me an email back asking how I feel good of a job that they did for me....REALLY? He needs to get this situation sorted out.
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Originally posted by lilacs80 View PostThanks! I'm still a little worried. Can they repo my car after I've paid it off? Will they give me a pink slip once I paid it off or can they deny me of my pink slip simply because of failure to reaffirm?
I paid off a vehicle immediately after my 341 hearing, received the title and lien release in the mail...and then, two months later, received a repossession notice. One call and one fax cleared it up. Sometimes the left cubicle does not know what the right cubicle is doing.
Frankly, your attorney did you a favor in the end. And, you can always ASK toyota to report your payoff - there isn't any reason they cannot do so legally, since you will be paid in full.
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Originally posted by btbeme View PostKeep a record of every payment you make - a hard copy. Once you are sure you have made your final payment, contact Toyota and ask for the clear title, lien release, and a payoff statement - you should get one. Once you have the title, take it to your local DMV and get it retitled (that will remove any reference to a lien) by bringing the payoff statement and lien release. This will cost you a few bucks, but well worth it. Keep all paperwork.
I paid off a vehicle immediately after my 341 hearing, received the title and lien release in the mail...and then, two months later, received a repossession notice. One call and one fax cleared it up. Sometimes the left cubicle does not know what the right cubicle is doing.
Frankly, your attorney did you a favor in the end. And, you can always ASK toyota to report your payoff - there isn't any reason they cannot do so legally, since you will be paid in full.
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