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Has your car been repossessed? Are you looking to get it back? Get advice from the repossession attorneys at Cibik Law, today!
Getting your vehicle repossessed is a terrible experience. After finding that your car or truck has been repossessed by a lender you may be wondering what your options are to get your car back. We all need transportation to get from point A to B and so it is vitally important that you know what steps you can take to get your vehicle back so that you can move on with your life.
Although there are steps you can take on your own to find out what happened to your vehicle and why it has been repossessed, you likely are already aware of the reason and have at the point of repossession already received multiple letters and calls about your financial status.
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The repossession process is actually quite complex and your options depend entirely on your unique situation and your goals for the future. An attorney from Cibik Law can help you to figure out what your best options are in this difficult time and provide you guidance on the next steps to take in the process.
Before deciding what to do next it is important that you understand what a car repossession is and what it means.
Car repossession is a process where a lender—typically a bank or other financial institution—takes back possession of a vehicle from the borrower due to a breach of the loan agreement, most commonly for not making the scheduled payments on time. Here is how it typically works:
Loan Agreement: When a person buys a car on credit, they enter into a loan agreement that stipulates that they must make regular payments over a certain period. This agreement will also include a clause that allows the lender to repossess the vehicle if the borrower fails to make payments.
Missed Payments: If the borrower starts missing payments, they are often first notified by the lender and given a chance to catch up. This is usually a grace period where late fees may be added, but the borrower can still prevent repossession by settling the overdue amount.
Default: If the borrower continues to miss payments and does not communicate with the lender or make arrangements to get back on track, the loan is considered to be in default. The definition of default can vary depending on the loan terms but generally occurs after missing multiple payments.
Repossession Order: Once the loan is in default, the lender may then order the repossession of the vehicle. This means that the lender will authorize a repossession company to take back the car.
Repossession Action: Repossession agents (also known as “repo men”) are then tasked with locating and seizing the vehicle. This can occur without warning to the borrower, and often repossession agents are permitted to enter private property to claim the vehicle. However, they are not allowed to breach the peace, which means they cannot use violence or force to take the car.
Storage and Notification: After the vehicle is repossessed, it is usually stored in a lot while the lender notifies the borrower. The borrower may then be given a final opportunity to pay off the loan and any additional fees or costs incurred from the repossession process to regain the car.
Sale of the Vehicle: If the borrower is unable or unwilling to redeem the vehicle, the lender will typically sell the car at auction or through other means to recover the remaining balance on the loan.
Deficiency Balance: If the sale of the vehicle does not cover the outstanding loan balance and associated costs, the borrower may still be held liable for the deficiency, which is the difference between the sale price of the car and the amount owed on the loan.
Impact on Credit: Repossession has a negative impact on the borrower’s credit report and can significantly lower their credit score. It can also hinder their ability to receive loans in the future.
If you are about to have your car repossessed or if your car has already been repossessed, you generally have 4 options for what you can do next. The attorneys at Cibik Law can assess your situation and help you decide which of these steps is the best option for you.
Depending on your current financial situation, giving up the car may be the best option for you. This would depend largely on how much money you still owe on the car loan, what the current value of the automobile is and you current plans and future goals. An attorney at cibik law will be able to ask the right questions to ascertain the best options for you.
After a car is repossessed, oftentimes the lender will sell the car at an auto auction. This can happen quickly and as fast as a few days after the car has been repossessed, which is why it is vitally important to speak with an attorney at cibik law to help guide you on what to do next. If you car has been recently repossessed you should call cibik law today.
After your car has been repossessed, it is possible that you can come to an agreement with the lender and have the loan reinstated. This is assuming that you can make an immediate payment to the lender and that you have income to cover the monthly payments. If this is the case, you can reinstate the loan and stop the repossession from being finalized.
Redemption would be the process of paying the remaining balance of the car loan which would make you the full owner of the automobile and allow you to keep the car. The downside of this option is that a large lump sum payment would be required and this often includes additional fees that were incurred in the repossession process such as legal fees for the lender. In most states it is illegal to complete the repossession process without the lender informing you of this option.
Many times after a car has been repossessed and you don’t have the funds necessary to complete any of the above steps, you could get the car back and eliminate other debts by filing for bankruptcy. There are many options involved in filing for bankruptcy and the experienced attorneys at Cibik Law will be able to guide you through the process. The attorneys at Cibik law have handled over 50 thousand bankruptcy filing and are well versed in the nuances involved with filing for bankruptcy.