Auto Possession Beyond Probate

My ex wife passed away almost 2 years ago. At the time of her death, she had been paying on a car for approximately 6 years and at some point (years before her death) had renegotiated the terms of her loan. The car is a 2008 Honda Accord. I'm not sure if it matters, but around 2012 she hit a deer and the car sustained severe damage. Surprisingly, her insurance company did not total the car and it paid for the repairs. Anyway, the car has been sitting in my driveway since her death. I wasn't aware that she even had an outstanding loan on the car, something I found out 8 months after her death when I tried to move the car out of the way but couldn't find the key. It took several hours of research, but I finally found the company that financed the car in order to have a new key made. They refused to allow a new key made unless someone paid the (new) debt which includes additional fines and other fees. Although my ex wife never missed a payment nor was she late on a payment prior to her death, I'm being told that the finance company requires $15,000.00 to gain title to the car. It's been nearly 6 months since we provided a copy of the death certificate to the finance company and they have yet to repossess the car. The car has been blocking my garage for well over 2 years now (even prior to hear death). I'm not sure what to do next. It's not worth the price the company is asking for payoff...the estate is out of probate...I cannot find a key to the car (it's apparently chipped?). Can I begin to charge the finance company for storage fees? I also don't understand why they are asking to sell the car for a virtually new, off-the-lot price, as though she never paid a dime toward it. Help?

Happygilmore_1964 said:

Can I begin to charge the finance company for storage fees?

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Yeah, you go ahead with that little ploy, if you enjoy failure.

Happygilmore_1964 said:

..I cannot find a key to the car (it's apparently chipped?)

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Most any locksmith or car manufacturer via their dealer network can make a duplicate car key.

Happygilmore_1964 said:

I also don't understand why they are asking to sell the car for a virtually new, off-the-lot price, as though she never paid a dime toward it.

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Duh, it was financed, and there's always interest charges and fees to carry the paper.

Have you considered TRYING to give the car away, or sell it to a junkyard for whatever they pay for salvage vehicles?

army judge said:

Yeah, you go ahead with that little ploy, if you enjoy failure.



Most any locksmith or car manufacturer via their dealer network can make a duplicate car key.




Duh, it was financed, and there's always interest charges and fees to carry the paper.

Have you considered TRYING to give the car away, or sell it to a junkyard for whatever they pay for salvage vehicles?

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I'm not trying little ploys, nor does sarcasm help. Also, you're incorrect about the locksmith/dealership issue (trust me...or not...either way, you're incorrect in this case). Lastly, they're refusing to provide a payment and finance history. I've told them I won't pay what I consider to be an unreasonable price for the car (VERY unreasonable) and although I haven't specifically told them to remove the car from my driveway, I sort of presumed that they would want to repossess the car for resale. Surely they won't attempt to leave it on my property forever, especially considering, according to them, there's a note owed on.

Happygilmore_1964 said:

I'm not trying little ploys, nor does sarcasm help. Also, you're incorrect about the locksmith/dealership issue (trust me...or not...either way, you're incorrect in this case). Lastly, they're refusing to provide a payment and finance history. I've told them I won't pay what I consider to be an unreasonable price for the car (VERY unreasonable) and although I haven't specifically told them to remove the car from my driveway, I sort of presumed that they would want to repossess the car for resale. Surely they won't attempt to leave it on my property forever, especially considering, according to them, there's a note owed on.

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The debt died upon your wife's demise.
The lender has no way of using the legal system to collect a dime from anyone.
If, as you recited above, it was her debt alone; the debt was extinguished upon her death.

Lenders often like to toy with people (and debtors) they can't touch, such as what you're experiencing.

I've revealed how little you can do to legitimize the car, and also how the lender is powerless to squeeze one dollar out of you to pay your late wife's debt.

You are free to ignore me, or seek additional counsel from a licensed attorney in your county.

Happygilmore_1964 said:

they're refusing to provide a payment and finance history.

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They have no obligation to do so unless you are the court appointed representative of your ex-wife's estate.

Happygilmore_1964 said:

they won't attempt to leave it on my property forever

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Yes, they will. I call it "lender's revenge." The lender was stiffed on the loan balance and has no legal obligation to lift a finger to repo it or help you get rid of it. An 11 year old Accord is probably not worth much, certainly not the cost of repo and getting it to auction, so they've probably written off the loan and won't pick up the car even if you demand it.

The car is titled only to your ex-wife and the loan is only in her name. One option is to just park the car somewhere a few miles from where you live (even if you have to tow it) and it will eventually be reported as abandoned and be towed away.

Or find yourself a shady junkyard that will take the car for free without caring about the lien on the title.

adjusterjack said:

They have no obligation to do so unless you are the court appointed representative of your ex-wife's estate.



Yes, they will. I call it "lender's revenge." The lender was stiffed on the loan balance and has no legal obligation to lift a finger to repo it or help you get rid of it. An 11 year old Accord is probably not worth much, certainly not the cost of repo and getting it to auction, so they've probably written off the loan and won't pick up the car even if you demand it.

The car is titled only to your ex-wife and the loan is only in her name. One option is to just park the car somewhere a few miles from where you live (even if you have to tow it) and it will eventually be reported as abandoned and be towed away.

Or find yourself a shady junkyard that will take the car for free without caring about the lien on the title.

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Neither of those sound legal, but rather unethical. I'm looking for ethical and legal course of actions. I'm a moral and ethical, responsible citizen. I am honorably discharged from my military service. I have a reputation in my community although I no longer have an attorney on retainer. That may change soon enough, but until then, I'd like to do the right thing based on legal advice.

Happygilmore_1964 said:

. I'm a moral and ethical, responsible citizen.

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So am I.

Happygilmore_1964 said:

I am honorably discharged from my military service.

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So was I.

Happygilmore_1964 said:

I have a reputation in my community

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Me, too.

Happygilmore_1964 said:

I'd like to do the right thing based on legal advice.

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Bottom line: The vehicle is not your problem. If it was me, I would at least be calling around to junk yards to see who would come and get it.

Happygilmore_1964 said:

I haven't specifically told them to remove the car from my driveway

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Why not?

adjusterjack said:

So am I.



So was I.



Me, too.



Bottom line: The vehicle is not your problem. If it was me, I would at least be calling around to junk yards to see who would come and get it.



Why not?

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Thank you for your input, but I'm hoping we can just agree to disagree and leave it at that.

Works for me.