Auto Loans Auto finance company that applied payments without my permission

[Nmelvin]

Jurisdiction

Colorado

In August 2015 my husband died. His brother asked if he could take over payments on his car. I agreed to this and also gave verbal authorization to the finance company that he can call and make payments because he is taking over payments. I did not change the names on the car and left it under my name and my husband. The finance company said the only option I had was to allow someone to pay (like I did with my ex brother in law) or give the car to them and they will auction it and I will be responsible for the remaining balance on the car. Financially I couldn't pay two cars so I allowed him to make payments and drive the car. I let him know if he can't make the payment to let me know and I'll turn it in to them. Now we are in October 2016 and he is a month behind so I asked for the car. He said I had to get it in New Mexico. So I drove to New Mexico and got it. When I arrived the car was on empty and there were no license plates or insurance on the car. I brought it back to Colorado Springs and now it sits in my driveway. I find out from the finance company that they approved him to put two payments on the back of the loan and also there had not been a full payment since December 2015. This was done without my permission. Now I have my husbands car that is over $10000 upside down and no one to sell to. I'm back with two car payments and I can not afford this.

 

[txls]

Your choices are to let the finance company repo the car, sell it at auction and you will owe the balance. Or you can sell it, but to do that you will have to immediately pay the difference to payoff the vehicle.

 

[army judge]

In August 2015 my husband died. His brother asked if he could take over payments on his car. I agreed to this and also gave verbal authorization to the finance company that he can call and make payments because he is taking over payments. I did not change the names on the car and left it under my name and my husband. The finance company said the only option I had was to allow someone to pay (like I did with my ex brother in law) or give the car to them and they will auction it and I will be responsible for the remaining balance on the car. Financially I couldn't pay two cars so I allowed him to make payments and drive the car. I let him know if he can't make the payment to let me know and I'll turn it in to them. Now we are in October 2016 and he is a month behind so I asked for the car. He said I had to get it in New Mexico. So I drove to New Mexico and got it. When I arrived the car was on empty and there were no license plates or insurance on the car. I brought it back to Colorado Springs and now it sits in my driveway. I find out from the finance company that they approved him to put two payments on the back of the loan and also there had not been a full payment since December 2015. This was done without my permission. Now I have my husbands car that is over $10000 upside down and no one to sell to. I'm back with two car payments and I can not afford this.

My condolences upon the passing of your husband.

The car your husband drove, in whose name(s) was it titled?
The loan for the car he drove, in whose name(s) was that loan issued?
How much is the car worth (approximately is good)?
How much is owed on the car (approximation is fine, again)?

You could sue your brother-in-law, but that won't produce any money.
He's a deadbeat.

I await your responses.

 

[Nmelvin]

Your choices are to let the finance company repo the car, sell it at auction and you will owe the balance. Or you can sell it, but to do that you will have to immediately pay the difference to payoff the vehicle.

How do I address the concern of the payments being pushed to the back of the loan and partial payments being made with out my consent or my knowledge?

 

[Nmelvin]

My condolences upon the passing of your husband.

The car your husband drove, in whose name(s) was it titled?
The loan for the car he drove, in whose name(s) was that loan issued?
How much is the car worth (approximately is good)?
How much is owed on the car (approximation is fine, again)?

You could sue your brother-in-law, but that won't produce any money.
He's a deadbeat.

I await your responses.

The car is in my name and my husbands name. The loan was issued to my husband and I.
The car is worth about $14000 and I owe $25000.

 

[army judge]

The car is in my name and my husbands name.

Okay, you are an owner.

The loan was issued to my husband and I.

Okay, you're on the hook for the balance.

The car is worth about $14000 and I owe $25000.

You are upside on the debt to the tune of about $11,000.

Your best bet might be to consult a couple personal bankruptcy attorneys, as in chapter 7.

Depending on your financial picture beyond the car, bankruptcy might be your best option.

Call two or three local BK attorneys, make an appointment, discuss your options.

A chapter 7 BK (upon filing) will immediately stop all collection activity.

The process requires about 120 days to have your debts discharged.

During that time, you're not required to make any payments on any accounts.

Its a bit more complicated than that, but the attorneys will make sure you completely understand it, if you decide to go that route.

Whatever you decide, let us know how you're getting on.