Legal Question in Credit and Debt Law in Florida

how can I tell if my car loan is a non recourse or not and if I they can come after me

for a deficiency that is negative


Asked on 5/24/17, 10:46 am

2 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

I have never seen a non-recourse car loan, so I highly doubt that it is. You can see by reading the note and seeing if it says that you do not owe under certain circumstances. It would stun me is it is nonrecourse.

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Answered on 5/24/17, 1:35 pm
Barry Kaufman The Law Office of Barry W. Kaufman

I too have never seen a car loan that was a non-recourse loan. I don't know what a negative deficiency is. A deficiency balance is the amount remaining on a loan after the car is sold (generally, the loan amount at the time of repossession + costs and fees of repossession and repair + sales fees - sale proceeds). If there is a balance due and owing after all that, that's a deficiency. On the other hand, if after all that you "owe" a negative number, that's a surplus.

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Answered on 5/24/17, 1:40 pm


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