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Vehicle dispute

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mbrinte

Junior Member
What is the name of your state (only U.S. law)? michigan
My mom financed a 2005 ford focus on my behalf for 5 years at $300.00 a month in September 2004. I informed her Janurary's payment would be 1 1/2 weeks late. I have in the past been late but no more that 2 weeks if that. She took the vehicle back. Do I have any rights regarding the money I have invested in the vehicle for the past 4 years and 3 months?
 


I_Got_Banned

Senior Member
well, what sort of agreement did you have with her and did that agreement specify what recorse she or you have in case oif a disagreement?

Theoretically, it is her car... (and legally too) Registration is in her name, loan is in her name, it's probably insured in her name as well (hopefully with you as a driver).

Basically, she can do with it whatever she pleases!

Has this happened before? You did state that you've been late before but has she taken the car back? And if so, and upon returning it, what conditions did she set upon you as far as you being late?

My guess is that you knew (as in you were informed/warned) that this was gonna happen... My other guess is that you have been "late" more often than not.... But PLEASE, correct me if I'm wrong!

Consider the scenario where this was actually a bank. Granted, they would not repossess if you were 1 1/2 weeks late, and especially if you did notify them you were gonna be late. Most banks will work with you if you keep them apprised of what is going on. However, if you were consistently late and have been trying to catch up to no avail... I think eventually they might pressure you into bringing your account up to date OR ELSE...

Lastly, it really sucks when relatives end up helping relatives which typically will always result in some sort of dispute and some bad experience for one or both parties.

She took the vehicle back
You mean took it back as in took it back to the place where she bought it OR she picked it up and would not return it to you?
Do I have any rights regarding the money I have invested in the vehicle for the past 4 years and 3 months?
Well, if this were a bank and assuming they did in fact repo the car, first they would give you one of two options:
1. Bring your account up to date and get the car back assuming you can re-qualify (as is re-apply for credit) OR
2. They can ask you for the balance owed on the loan in full (for the 9 remaining months in your case) and once the loan is paid off you can have your car back.
3. If you fail to select either 1 or 2 then they have the option to sell the car (and they are not under any obligation to get "the best price" for it... Meaning they can sell it at an auction or as part of a wholesale deal they make). The proceeds they get from the sale will be used to fulfill the outstanding balance on the loan ( including late fees, and a few additional charges they may tack on (as allowed by law)). if there is any money left over after that then they would give it to you.
 
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