Legal Question in Bankruptcy in California
Bad Credit
I lost my job and we have been struggling with payments and our damaged credit for about 2 years. Now we can't hold on any longer; we are in foreclosure and my car was repo'd yesterday.
We are planning to move and rent a home, but will I be able to find a home to rent with all of this damage on my credit?
I can not afford to pay to get my repo'd car back...what will happen both to my credit and the owed debt? Will my creditor continue to report late pmts even though the car is repo'd? My car is worth more than the debt owed. We have not, and do not, plan to file bankruptcy.
Thanks so much - I'm desperate!
Janna
1 Answer from Attorneys
Re: Bad Credit
If the landlord requests a credit report, they will learn of the bad credit--there is no way around that. The fact that the creditor repossessed your car and it is worth more than you owed will not operate to repair credit, as a repo is a BIG negative event and even if they sell car for more than worth,( sale takes a few months) the act of repossession will be on your credit.Also, they charge enormous fees for the repo and the sale, so the costs involved might eat up any equity in the car. Any remaining debt to the creditor will still be owed. Negative credit items stay on your record for 7 years, except for a bankruptcy, which stays for 10 years. My advice is to be upfront with potential landlords and let them know what your position is BEFORE they get the credit report, and they just might appreciate your honesty. Also, if you can scrounge up enough for, say, 3-6 months rent in advance, that might provide them with an incentive. Lastly, if you can get a friend or relative to sign as a guarantor on a lease, that might help also; (note: they would be agreeing to be responsible for your rent if you do not pay). Good Luck.
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