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car loan default consequences & how to handle it

If you are having trouble paying your car payment and other bills you may want to make sure your car payment is a priority. Unlike credit cards, the creditor can come and take away your car. We all know that's a big problem, especially if its your only source of transportation. Your car can be taken away for a variety of reasons -- not just because you're late on the payments. The creditor has a right to have the car fully protected and that includes car insurance. By not fully insuring the car, you are putting the creditor's asset at risk. Just like a home requires mortgage insurance so does your car. Your car can be repossessed for lack of adequate insurance because the creditor owns the title.

Refinance Options
Beyond car insurance issues, payments have to be made on time. If you are starting to fall behind you need to contact the creditor right away. Letting the loan become delinquent is the worst thing you can do. You never know when the repo man will show up and take the car. If your credit is good, you may want to consider paying the car off so that you own the rights to it. Many times when people start to see a pattern that their bills are getting out of hand, they'll strategize a plan to pay off their car with another loan. With so many credit cards having special APR promos, you may be able to pay off the car and lower the interest rate. Check your car loan interest rate and compare it to a loan rate you could use through your credit union, bank or credit card company. Once you pay off the car with a new unsecured loan, there are no more repossession worries. In addition, you may be able to lower your insurance payments because you will no longer be required to carry full coverage, which can be quite expensive. Also consider looking into a person to person loan with a family member to pay the car off. You'll now make payments to the family member rather than the creditor and the car will be yours, legally and with full title rights. Your payment will probably be smaller as well.

REPO = LOTS of Fees
Besides the worry of a repossession, you also have a lot of fees to be concerned with should your car be repossessed. The creditor has to not only pay a repossession company to track and pick up the car -- which is costly on its own, but they also have to store it until they either give it back to you or sell it. The car could be sitting in storage for weeks or months and all the daily storage fees will become part of your deficiency balance. People sometimes think that once the creditor takes back the car that their obligation ends. Anything related to the car will become your responsibility and that includes costs to repair any damage, fees to sell the car at auction, insurance coverage, repos fees and storage. You can see where this is going. It makes no sense to let the car go into default because you think you can just give it back and be done with it. Although the deficiency balance will be unsecured (meaning there is no longer any collateral to take back), you can still be sued for the def balance and if the creditor knows where you work then they may seek a judgment against you.

Can you get the car back?
Yes and no. It really depends on the creditor. If you come forward and pay the repo fees and bring the loan current, the creditor may decide to give you another chance. They are not required to do so. If they've had issues with you before or if they feel you are too risky, then they may opt to sell the car -- especially if its in good condition. Any leftover balance is still your obligation to pay. Its a lose lose situation to pay for a car you dont have. If you failed to negotiate a plan to bring the loan current before repossession, then dont expect the creditor to just hand over the car. While credit unions tends to be a little more lenient in giving second chances, big banks are not. State repossession laws vary so be sure to check yours.

Letting go of the car
If you absolutely cannot avoid letting the car go, then the best option would be to see if you can sell it private party and satisfy the whole balance - or at least most of it. A private party purchase will net much more than a dealer or auction sale. Dont wait until the repo man comes looking for you either. All that will do is add more costs to your loan. If you have decided to surrender the car, then contact the creditor and make arrangements to give it back. You'll save a lot on the repo fees which can be about a thousand dollars. The creditor will take the car back and try to sell it. If you've filed bankruptcy, the deficiency balance can be included which means you are not responsible for any left over balance.

What about my credit?
There's really no good news there. The defaulted loan will show up on your credit reports as a repo. This is credit suicide if you ever want to buy another car or even a home. Creditors understand that people rarely default on serious life necessities so letting the car go will make your financial situation look quite bad. It will be hard to find anyone who will finance you again for a car loan. Whether you turn the car in voluntarily or the creditor has to repossess it, its still negative. Sure, a voluntarily surrender may seems much better to you, but on paper, it means very little.

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