Home     Law Advice     Insurance Advice     Community    
Auto Accidents and Vehicle Claims : Visit FreeAdvice.com for useful articles and FAQs on Bike Accidents, Bus Accidents, Car Accidents, Motorcycle Accidents, Truck Accidents, etc. Visit AttorneyPages.com to find an experienced Car Accident Lawyer.
Go Back   FreeAdvice Legal Forum > ACCIDENT AND INJURY LAW > Auto Accidents and Vehicle Claims




Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 03-22-2007, 04:02 AM
Junior Member
 
Join Date: Mar 2007
Posts: 3

vehicles repo'ed; how legal?


What is the name of your state? Alaska
Our vehicles, three on one loan, have had insurance. When we moved, our boat insurance refused to renew our policy. We tried to get insurance and told the bank that. We talked to them every work day until we got insurance. They sent out nasty letters and phone calls. The two cars have been fully insured since we bought them. Because we failed to get FULL insurance by the 15th day of default they came and picked up all three vehicles, two cars and one boat. The reason that we have had a hard time getting boat insurance is that we left our boat in one town and moved to another.

My husband's Merchant Mariner's Document was in one of the vehicles. (It is a Federal Offense to take one of these.)
Have I missed any info?
My questions are:

1)Is it legal for them to take all the vehicles? Are they supposed to take vehicles that are insured?

2)Are we liable for all towing charges if we pay the loan off?

What is the name of your state? Alaska
  #2  
Old 03-22-2007, 08:44 AM
Junior Member
 
Join Date: Mar 2007
Posts: 5
I would not think the bank would car too much about the insurance part. I think the bank is only concerned that you are keeping up with the loan payments. Were you not making payments during that time?

To answer your two questions, yes and yes.
  #3  
Old 03-22-2007, 08:55 AM
Member
 
Join Date: Feb 2007
Posts: 371
Quote:
Originally Posted by 311Spider View Post
I would not think the bank would car too much about the insurance part. I think the bank is only concerned that you are keeping up with the loan payments.
The bank cares about insurance because it needs to protect it's collateral. If the collateral is not insured and ultimately gets destroyed, the loan becomes unsecured, which is much riskier for the bank.

The loan documents almost certainly require that the collateral be fully insured.
  #4  
Old 03-22-2007, 08:59 AM
Senior Member
 
Join Date: Feb 2006
Location: Philadelphia, PA
Posts: 17,840
Read through your loan documents (contracts) to see what remedies are available to the bank if you fail to maintain insurance on the vehicles. I would bet that it's in the contract that they are allowed to do this and you agreed to it (by signing).
  #5  
Old 03-22-2007, 12:51 PM
Junior Member
 
Join Date: Mar 2007
Posts: 3

re: repo


I did finally find where it states the banks rights. It does say that they have the right to take the vehicles at any time for any reason. I just thought that if you were trying to work with them that they should try to helpinstead of hinder the process.

No, we were not behind on any payments. I think that we will be buying a new vehicle- with cash.
  #6  
Old 03-22-2007, 02:24 PM
Senior Member
 
Join Date: Nov 2005
Location: South Cackalacky
Posts: 15,044
Quote:
Originally Posted by tothouse View Post
I did finally find where it states the banks rights. It does say that they have the right to take the vehicles at any time for any reason. I just thought that if you were trying to work with them that they should try to helpinstead of hinder the process.

No, we were not behind on any payments. I think that we will be buying a new vehicle- with cash.
How were they hindering the process? Your signed contract agrees to keep insurance, and you didn't. The bank wants the boat insured. They didn't hinder you from getting insurance. They can't help you get insurance, either.
  #7  
Old 03-22-2007, 02:27 PM
Member
 
Join Date: Feb 2007
Posts: 371
Quote:
Originally Posted by tothouse View Post
I did finally find where it states the banks rights. It does say that they have the right to take the vehicles at any time for any reason. I just thought that if you were trying to work with them that they should try to helpinstead of hinder the process.

No, we were not behind on any payments. I think that we will be buying a new vehicle- with cash.
Something seems strange about the whole thing. While failing to fully insure the collateral is probably a default of the agreement, how would they know? If you weren't behind in any payments and were only without insurance for a short while, I am surprised they wouldn't just ask you to immediately insure the collateral. After all, lenders do not make money by selling off collateral...they make it by keeping people in their debt.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 01:44 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.