Unfortunately for many thousands of consumers there are a huge number of myths around the concept of voluntary repossession. Since many fraudulent marketing agencies, con artists and general scam websites repeat these myths some consumers, particularly those already stressed with financial problems, fall into the traps these individuals offer as quick "get out of debt or financial trouble" programs. By taking the time to research through a reputable credit counseling service, through the Better Business Bureau or talking to an attorney or legal advisor about your options for either voluntary repossession or involuntary repossession, you will have a better understanding of your options.
The following are the most common myths about voluntary repossession, which is surrendering the item to the creditor without the need for the creditor to go through a repossession company or court process, depending on where you live.
Myth 1 – Voluntary repossession won't affect your credit rating.
While most of the scam sites or telemarketers don't come right out and make that statement, they carefully word their script to imply that a voluntary repossession is better for your credit score than in involuntary repossession. In reality they are both treated exactly the same by the three major credit reporting agencies. They both have a huge negative impact on your credit score and will remain on your record for seven years. Even a small voluntary repossession like a stereo or a computer system can have a very negative consequence.
Myth 2 - Once you turn in the vehicle or item, you are free from debt.
This is another very misleading assumption that less than reputable credit companies will attempt to use. In reality even in a voluntary repossession you will be responsible for the difference between what the item is valued at now and what the outstanding balance is. For example, a car that was purchased for $30,000 is repossession with $5,000 paid on the loan. The car is then sold at auction for $21,000, leaving an outstanding balance on the loan of $4,000 which the borrower is accountable for. Co-signers will also be included in both the negative credit ratings as well as the legal requirement to pay any outstanding balances.
Myth 3 – There are no fees involved in a voluntary repossession.
Just like any type of legal action a voluntary repossession has associated legal fees and charges. While you will avoid paying the cost of the full repossession fee, you will still have interest fees, legal fees and possibly even storage fees.
When talking to your lender be sure to understand what benefits you can expect from a voluntary repossession. If you seem to be getting misleading information, be sure to check with an attorney or credit counseling agency before making a decision.
When a buyer is not capable of making the payments for his automobile, he may give the auto back to the lender. That means that the buyer has completed a voluntary auto repossession. This action could relive the consumer of some debt but only if the lender chooses to do so. However it does not usually mean the lender is completely relived of all financial responsibilities. Sometimes voluntary auto repossession is just as bad as involuntary auto repossession. The damage to your credit will be the same and it can be listed as a negative mark on your credit that can be reported for up to seven years. The consumer may even owe money to the lender after the voluntary auto repossession has transpired. The consumer will still be responsible for any late fees and attorney's fees incurred by the lender. If at all possible the individual may wish to consider selling the car and paying off the lender and the vehicle will typically bring more cash through a private sale than it would a repossession auction.
When the consumer feels that he is financially incapable of keeping payments current for the automobile there may be other options besides voluntary auto repossession. Keeping the line of communication open with the lender will work in the favor of the consumer. If the lender has been made aware of the consumer’s situation and his intent to pay, the lender may be more willing to modify the original contract. If the consumer is able to have the contract modified, all changes should be in writing so that all parties’ responsibilities are clear.
If the consumer has not been successful with a private sale and the voluntary auto repossession must occur, the creditor may keep the vehicle for compensation of the debt or they may sell it. It is a requirement of some states that they notify the consumer what will occur with the automobile. If the automobile is being sold at a public sale the consumer should be in attendance to ensure that the automobile is being sold for the best price. If the car is being sold at a private sale the consumer should be made aware of the date. The rules vary from state to state but if the automobile is not sold in a manner and at a price that is considered to be reasonable it may allow the consumer to file a claim against the lender for damages. If the consumer feels the vehicle was sold for less than a fair market value he or she may be able to use that as a defense in court to avoid having to pay the difference between the sale price and the outstanding loan amount.
A voluntary auto repossession does not have to be as bad as it seems. The consumer has options to help solve their credit history problems.
This website uses cookies that are necessary to its functioning and required to achieve the purposes illustrated in the privacy policy. By accepting this OR scrolling this page OR continuing to browse, you agree to our Privacy Policy