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maybe BK soon, maybe voluntary car repo sooner- long post!

Submitted by BethMinOH on Wed, 01/20/2010 - 12:37
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I'm mulling over starting BK proceeding soon, and already contacted CCCS for the mandatory credit counseling session. I would do the online/phone option. Here's my situation. I'm a divorced single mom, and all my debt is my own. I pretty much live paycheck to paycheck, but know that I can weedle my discressionary spending down by $100-$200 per month (just have never been able to stick with a budget in the past, and I'm 38 years old). This is why I'm considering BK instead of debt management through CCCS.

My Equifax score is currently 549. Three yrs ago I decided to buy a used car @24.999% APR to re-establish my horrible credit. I think my score was 560 or 565 back then, but even though I've never been late on even one car pmt, I've had new collection accounts pop up on my credit report (i.e. ancient debts bought & sold between CA's & reported). I don't have any credit cards. I have my car loan & a consolidated Fed. student loan as the only good marks on my credit report.

My car is an '01 Hyundai Elantra (93,000 miles) with a current private-resell value of about $2,200. I still owe $4,100 on the loan (supposed to be 11-12 more months on loan), and the car needs both major & minor mechanical work done on it right away to keep me with a job (20-mile commute each way), totalling close to $2,000. The darned car is losing value quicker than my loan balance is lowering!

So here's the scoop. My now-disabled mom isn't working anymore, and she is severely behind on her car pmts. Her '02 Hyundai Santa Fe (70,000 miles & perfect mech. condition) will be repoed this week, says her loan company. I'm thinking about doing a voluntary repo on my car, and saving her's from repo to take as my own. She's got 2 yrs left on her loan, which is $50 less per month than mine, and owes a bit less than the SUV's value.

To stop repo on her SUV, I will need to give her loan company $560 to get the loan current. I would then take over pmts, sending them at least $300 every month to pay it off quicker. Today she's faxing them a letter stating that I have her permission to speak with them regarding the auto loan. The loan will stay in her name, as will the title until it's paid off and she signs it over to me. Since I've never been late on my own car loan, I won't have a problem paying her's on time if I give my car back to the loan company.

I know that my credit score will lower even more when the repo is reported, but at this point I'm WAY MORE conserned about having a reliable vehicle to get to/from work. I guess you can say that I'm thinking in Survival Mode right now.

I have a good job that I've been at since Nov. '05, and I've been in my cheap apartment (20% of my gross monthly income) since Oct. '06. I shouldn't need to worry terribly about my credit score & credit report for a good long while, unless I lose my job and a perspective employer pulls it.

Do I sound stupid and naive with all that I've said? I worry that my car idea is beyond crazy!


You must consider the fact that even if you let the car get repossessed you'll still be responsible for the loan balance and the creditor can even take legal action against you to collect it.

You may consult a bankruptcy lawyer before assuming the loan of your mother because the trustees may frown upon this when you file bk.


Submitted by SC on Wed, 01/20/2010 - 22:55

SC

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Quote:

Originally Posted by SC
You must consider the fact that even if you let the car get repossessed you'll still be responsible for the loan balance and the creditor can even take legal action against you to collect it.

You may consult a bankruptcy lawyer before assuming the loan of your mother because the trustees may frown upon this when you file bk.


OF COURSE I'm aware that I will be responsible for the loan balance on my repossessed car! I will soon be starting bankruptcy proceedings, and that debt would be included in it.

I'm not assuming my mom's loan, just taking over paying it. The loan will still be in her name. When the loan is payed off in 2 years, then she would receive the auto title and she would then sign it over to me and I would become the legal owner.


Submitted by BethMinOH on Thu, 01/21/2010 - 06:28

BethMinOH

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Hand it to my mom, I tell ya! She didn't tell me the whole story about the auto loan.

Last night I spoke with HSBC (her loan company) to see what it would take for me to get her loan current. They told me that the $560 is just to get the loan out of repo mode, and the total she owes to get current on the loan is actually $1180!

I'm not going to do this unless I can get HSBC to approve me paying the $560 tomorrow to stop repo proceedings, and paying a set sum each payday thereafter until current (by mid-March). If they can't gaurantee that a repo won't happen in the meantime, then I'm not giving them a dime tomorrow, and they can just take the SUV back. I would think that they would be open to me getting the loan current within the next 2 months, rather than taking the SUV back since they will make more money that way!

Last night they refused to even talk about it unless they receive the $560 first. That really irritates me to no end! GRRRRRRR


Submitted by BethMinOH on Thu, 01/21/2010 - 09:40

BethMinOH

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