Legal Question in Credit and Debt Law in Florida
My friends husband passed in dec 2013 , his car was in his ne only. Last Monday the fianc� company repossed the car. Said the contract was null and void. They excepted the payments from his wife till jan 2004. They want 13000 to get the car back. They said they sent a packet to get thing squeeze but she never got it. If it was so important why wasn't it certified?? They accepted her money for 14 months, she should get that money back??
1 Answer from Attorneys
I doubt she is entitled to get her money back. She may need to contact a consumer protection attorney to review the loan documents related to the car and see if the death of the owner does constitute a breach of the contract, or if she was under a duty to report it to the lender. The lenders acceptance of the payments may be relevant, but only if they were made aware the borrower was dead and that they were accepting payments from another source. In any event, if your friend wants to purchase the car the lender does need to give her credit for the payments made.
The "good news" is that if the loan was only in her husband's name she is not responsible for the debt and it won't affect her credit.
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