Legal Question in Wills and Trusts in Florida
auto loan left unpaid
My mom left no will when she passed this year. She resided in Northern Fl when she passed but her auto is here in Central Fl with me. I found she still owes four payments on this car. The Bank sold her loan to a collection agency but yet the bank still holds the title. How do I pay this off with the assurance that the title will come to me? I have one sister who gives her consent for me to take care of this matter. I have spoken to the bank who just dismissed me with no satisfaction and also the collection agency who tells me after the debt is paid the bank will mail the title to the last known address of my mom. I need the title transferred into my name so I may do something with this vehicle sitting in my yard. I have no means to travel to Northern Florida where she passed so I am at a loss as to what has to be done.
Thank you for your time
1 Answer from Attorneys
Re: auto loan left unpaid
the safest way to proceed is to open formal administration of your mother's estate in the county where she resided/died. The court can appoint you as personal representative and issue letters of administration. This gives the bank and collection agency formal notice that you have authority to deal with your mother's estate and property. The loan can be paid through the administration and a court order obtained directing the bank to give you clear title to the car. This may also force the collection agensy to file a claim in the probate proceedings an prevent them from taking unilateral action to collect or dispose of the secured asset.
Alternatively, you may be able to use various summary procedures. However, I do not have enough information about your mother's estate or other creditors to know if they might apply.
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