Legal Question in Credit and Debt Law in Pennsylvania
My car was repossessed, and I do owe on the car and am not trying to get out of paying my debt, but I have the title in my name with no lienholder. I am wondering how the finance company can repossess without having the title. I also read that they have to notify me in writing saying I have 15 days to get my car back if I pay the amount owed, and that letter must state where my car is. I received the letter but it does not state where my car is. Do I have any legal rights here?
1 Answer from Attorneys
You leave out too many details. Why do you have the title if the car is financed? Either the car is financed or its not. If the car was financed then how did you get the title? Was it a mistake? Why did you not notify the lender if it was a mistake?
Leaving title issues aside, you have a right to redeem the car. Depending on the terms of the note, you either have to pay the full balance owed rather than the amount just in default and repo costs. You might also want to file bankruptcy.
The lender is not going to tell you where the car is until you pay and the lender has the funds. If it were otherwise, many people would try and get their cars back and not pay.
The sale has to be done in a commercially reasonable manner. Most cars are sold at an auto auction where the cars bring in far less than the amount that the car is worth. After deducting the proceeds of the sale from the balance owed on the car and adding in the repo and sale costs, if you still owe any money the lender will try and collect it from you.