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My first question is Has anyone heard of Custom Lending Tree mortgage Solutions? Hoping for any answer or 2. 2nd question I got is.. I have a few questions:. |
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I'm stumped. I'm not so sure what is the answer. I'll do some research and get back to you if I got an anything. You should email the people at Lending Tree as they probably could give you help..
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More good info:.
How a Repossession Can Take Place. The buyer does not have to be notified before the repossession occurs.. The creditor cannot commit a crime, use abusive language, enter a home without permission, or take an item if the owner physically resists.. Cars can be towed from public or private lots.. A car can be towed from the owner's driveway if no other car is moved. A car cannot be towed from the owner's garage.. After an Item is Repossessed. If you have paid more than 60 percent of the amount of the loan, the creditor must sell, lease, or otherwise dispose of the item, unless the consumer signs a statement after the default which permits the creditor to keep the item in full payment of the loan. The sale must be held within 90 days of repossession. You must be notified of the time and place of the sale.. If you have paid less than 60 percent, the creditor may decide if the item is to be kept as payment for the Lending Tree loan or sold. You must be notified in writing by the creditor of what will be done. If the creditor chooses to keep the article, you have 21 days to protest in writing and demand the item be sold.. The Conditions of Selling a Repossessed Item. The proceeds from the sale go to cover the balance of the loan, and the costs of the sale and repossession. Any money which remains is returned to the buyer. If the proceeds of the sale do not cover the Lending Tree loan and expenses, the repossessor is allowed to sue the buyer for the full amount owed including repossession fees, auction costs and legal fees.. If You Want the Repossessed Item Back. You have the right to redeem the repossessed item up until it is sold or within 21 days of receiving notice that the creditor is going to keep it. The cost of redeeming the item will depend on the terms of the contract. You may be held liable for cost of repossession and attorney's fees.. Http://www.wa.gov/ago/consumer/credit.shtml#Reposession.. |
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Here's a link to Why Chat's site- he has some great information regarding state laws for repo's.
Http://community-2.webtv.net/Y-chat/WhyChatsCredit/. He helped me out with the same problem. In my state, Illinois, the rules a creditor has to follow before and after repo are pretty strict. My creditor didn't follow them at all.. I'd go to kelleybluebook.com and get the retail and wholesale value of the car. Looks like the sale was not what would be considered "commerically viable".. Also, find out if they had to send you notice of the sale- where it would be yada yada.. My state also has a rule that if at the time of repo, you had paid at least 60% of the original sale price then they cannot claim a deficiency balance.. As for your personal property, call and file a police report for the theft.. You should also look and see what is considered "delinquent" in your state. If a creditor repo'd after 39 days in IL they'd be in a world of trouble.. Good luck to you! With the law backing you up, you can win this!.. |
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So, they have obviously broken the laws of the repo....
So, what do I do now? Wait for them to sue me, or send them a letter telling them that they messed up?. :). Thanks for the help!!!.. |
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If it were me, I would talk to an attorney. The information I gave you is not statute specific, but simply a plain language overview of Washington's laws. Ex. most states have a clause that your car has to be sold in a reasonably commercial manner. $1700 for that car, doesn't SEEM reasonable..
What are the penalties for them repossessing illegally? You now don't have a car, that you were prepared to redeem, and you have possibly suffered damages.. At the very least, spend 50-60 bucks to get professional advice... |
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Now that the car has been sold and you have been notified that there is adeficiency balance, you can be 100% sure they will sue you. That would be your opportunity to COUNTERSUE them for any violations of Washington Law they might have committed in the repossession (failure to notify of the repossession, failure to notify of the sale date and place and disposition/conversion of your personal property come to mind immediately). With any luck you could actually get a new car and have them pay for it...
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Flying is correct. Wait until they sue you and then counter sue them for violating the law..
This would be a good time to research your state and federal law on repossession.. In PA for instance, every part of the repo process on the part of the creditor must be followed and all parts of the paperwork must be signed and notorized. The letter that they sent notifying you of the time and place of the auction for your car must be sent to you certified and registered and then when they receive the card back they must again fill out another form and have that notorized.. If any of those parts is not followed, the creditor is not entitled to recover anything more then what the auction paid them.. Sounds like you have them, I would sit and wait until they make the first move court wise. Then blow them out of the court room!!. Tac.. |
