Legal Question in Credit and Debt Law in Massachusetts

Return of leased car do to death

We recently turned in my father's leased car a 97 nissan that only had 4 payments left on it due to my 85 year old fathers death. He was the major leasee, and my 81 year old mom the co-signer on the lease. My mom is in the beginning stages of alzhimers disease which can be proven, and after informing the Nissan Motor Acceptance Corporation of our circumstances, we were led to believe their would be no problems after returning the car. Now my mom who lives in an apartment for the elderly on a $700 dollar a month income is being inundated with mail from Nissan saying she owes them $4,525.00, as they sold the car at aution and did not recieve the full value of the car. What legal recourse do we have desperately need help.


Asked on 8/06/99, 8:00 pm

1 Answer from Attorneys

Re: Return of leased car do to death

What was the year, make, and exact model of the car?

I assume they didn't get a good price if they sold it "at auction"

since those are wholesale prices. It's kind of a scam, almost; it's

a good place to buy a car, though!

Assuming I'm right about this, ....

What are the Kelley Blue Book and the Red book values

of the car? -- What's the average price sought in Autobytel?

What does the lease contract say exactly about their obligations

to get a good price for the car? What proof have they given you

for what they actually got for it?

The next legal issue is whether she was legally competent

to co-sign. I don't think she was. Get me involved and I will

communicate to them that they have an invalid contract as far

as she goes (though it would have been a valid claim on his estate

if that was worth anything). Then they'll have to get off her

case.

First thing I'll do is stop them from inundating her with mail or

even calling her.

What city / town do you live in? If you're not near Boston or Newton,

I'll probably be able to find you a lawyer that would handle the case.

Write directly to me to answer all the above questions.

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Answered on 8/10/99, 10:53 pm


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