Legal Question in Credit and Debt Law in Wisconsin
I have had a loan with Springleaf Financial since July of 2013. I have a 2nd vehicle a 2000 Ford Ranger that is used as collateral. When I signed the loan I did not have full coverage on the vehicle, only liability. I use it about 3 times a year, it is not dependable enough to drive. It sits parked in the garage. 3 weeks ago, I received a letter from their corporate office stating that as of 10/31/13(This is when my liability for the Ford and full coverage for my 1st car gets renewed) they are showing I do not have full coverage on the Ford Ranger. I called the branch manager, Glen 4 times and he assured me that he was taking the requirement of insurance off. I get a letter from the corporate branch yesterday stating they are putting full coverage insurance on my account and my payments are going to be raised by $55.00 a month to cover it.
I did not know that full coverage was a requirement-nor did I have it when they gave me the loan(I feel that the local branch has been deceitful when dealing with me on this issue.). 6 months ago the loan was for 3200, my balance is 3101 after 6 months of payments. I could go either way on surrendering the truck but at this point, I do not know if I have a leg to stand on about the extra insurance. The interest rate is 33% and I will be paying on the loan for 5 years. I would not have used the truck as collateral if I had to get full coverage insurance on it.
What are my options, and if I surrender and then we go through an arbitrator or court, would they lower the interest rate on the balance due after surrender?
1 Answer from Attorneys
All loan agreements require consumers to keep collateral insured, and private insurance would be much cheaper for you than the lender's forced placed insurance, so you could save yourself money by renewing it. A better idea might be to sell the vehicle (for scrap if necessary). While all sale proceeds would go to the lender, my guess is that you could get nearly enough, even as salvage, to pay off your loan. Once sold, you will be out from under the burdensome insurance requirement. A chapter 7 bankruptcy could discharge all of your personal obligations on this loan, including the insurance charges (as well as most of your other general unsecured debts), but a properly perfected title lien would survive the bankruptcy. You would therefore need to continue those payments and insurance if you wanted to retain your first vehicle following bankruptcy, but a total payoff would then be much closer for you. This sounds like a subprime, high interest rate loan, so hopefully you have also now learned to avoid those in the future and shop for the best interest rate for all vehicle loans. The cheapest loan rates are usually available at credit unions, so you should join one of those if you are not already a member.
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