Asked 11/12/2009
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Voluntary rv repossession/ what actions can be taken by lender for balance of loan after sale? We have been using an RV for our home for the past several years as our music business required travel on an ongoing basis. With the economic crisis, our business has diminished substantially and we no longer could afford payments. Found a home to rent and voluntarily gave back the RV to the lender who recently informed us of the sale and remainder owed. We still owe them $80,000.00. They would settle for $47,000.00. We don't have it. What actions can they legally take against us in this matter? |
Answer 1/5 - Submitted 11/12/2009
Legally, they will receive a judgement against you for the remaining balance of the RV, plus any court costs and attorney's fees that might be involved in getting that judgement. If you don't pay, they can take you to court and get a lien on any real property you might have, or garnish your earnings.
Of course, if your RV was owned by a corporation, they may not be able to attach the judgement to personal earnings, but only corporate assets.
You may be able to make arrangements with the remaining balance and make payments. In all cases, it's important to remain in contact with the lender throughout the entire process.
Good luck, I hope your business picks up :)
Answer 2/5 - Submitted 11/12/2009
Answer 3/5 - Submitted 11/12/2009
Yes, my answer refers to all states. A debt help agency might help, but remember, your creditors only have to accept these payments voluntarily, and can still take legal action. The only thing that can force a creditor to take payment arrangements would be a court ordered payment as the result of a re organizational or complete bankruptcy.
Answer 4/5 - Submitted 11/12/2009
Answer 5/5 - Submitted 11/12/2009
Depending upon what your financial state is, and if your music company was incorporated, yes, I would consider bankruptcy protection. Since you've given back the RV, it may be now considered a unsecured loan, and you might be able to clear the debt entirely, so it might be worth it to speak to a bankruptcy attorney.
Seriously, I don't understand why lenders threaten people if they can't come up with the cash...if you don't have it, you don't have it.
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