Returning a Smartbuy Lease

[juneclevrwanabe]

What is the name of your state (only U.S. law)?
I am from upstate New York. Has anyone ever heard of "Repo on paper"? My husband passed away over a year ago. His was truck was a Smartbuy lease, meaning it has a title. A couple of months after he died I called the company and asked about turning in the truck. They basically told me unless I wanted it to be considered a reposession I would have to continue paying on it or get someone else to take it over or buy it out. I didn't want to do that so I continued on paying the payment. It has a perfect credit history. I did this because when the Smartbuy was up I wanted to turn it in with everything being in order. I did what I was supposed to do. Now, because my husband is not here to sign the title they are trying to tell me they have to do what is called a "repo on paper" so that they can resell the truck. We of course were not prepared for his death so there is no will, my name was not on the vehicle. and the probate "stuff" is taking forever. They insist it will not effect his credit or mine. I don't feel that I should have to sign any paper that says "repo" of any sort. I did everything I was supposed to do so that this would be taken care of properly.

I would appreciate any comments or suggestions anyone has.

Thank You!

 

[FlyingRon]

If your name isn't on the lease it will have zero effect on you. Tell them that the leasor is deceased and you want to return the property. Unless you have been named the executor or PR of the estate you have no obligation to sign anything AND YOU DEFINITELY SHOULD NOT sign anything in your personal capacity.

They don't need the the customer's signature to repo anything in fact or on paper.

 

[JETX]

I would appreciate any comments or suggestions anyone has.

This is really a simple matter. Contact a local probate attorney who can review the entire 'estate' and determine what would be required for you to be an executor.... and then sign the documents on behalf of his estate.

 

[xylene]

"It"

It has a perfect credit history.

It?

By "It" do you mean the car?

Cars do not have credit histories, people do.

By paying you are protecting the credit history of your deceased loved one. Honorable, but not very useful.

Do as suggested and consult a lawyer ASAP.

Because you are saying this:

I did everything I was supposed to do so that this would be taken care of properly.

prematurely and without basis if your decease husband still has leased property in his name...

 

[juneclevrwanabe]

FlyingRon, JETX, and xylene:

I do have a lawyer working on the estate; it's just taking forever. He is the one that told me he'd read the paperwork and decide if it was okay for me to sign it. He has the paperwork; I am waiting for him to get back to me. The more I think about it, though, the less I want to agree to the "repo on paper". What I meant by saying "I've done everything right" is that they told me when I had originally asked about turning the truck in that I needed to continue to make the payments until the lease was up. I did just that. I held up my end of the bargain. It was the woman from the leasing company that commented to me that the credit history on the loan was perfect. I assumed her to mean that there were no late payments or deliquencies of any kind (which I made sure of). So, if I did everything they requested there should be another way to resolve this without it being called a "repo". I'm thinking this is the easy way out for the car company instead of having to deal with whatever the state requires of them (or me) to complete this transaction.
Am I just being unreasonable?

 

[FlyingRon]

What it is called isn't the big issue. You're getting wrapped around the axle over nothing on that point. When a car goes back to the leasing company or the lender, whether it is voluntary or not, it's a repossession.

As pointed out, until you are a LEGAL agent of the estate, I would NOT sign anything that might indicate that you were somehow accepting any responsibility other than in the execution of that agency. If the lawyer thinks it's not big deal, let him sign the form.

 

[juneclevrwanabe]

Flying Ron,

I guess I'm at the point of not having a choice. Letting it go no matter what the company terms it to be. I will try to get the lawyer to be the one to sign the papers. But I did want to know, is it still called a repossession even if it was the end of a lease contract? Other than my husband dieing, he broke no promises or agreements with the company.

 

[swalsh411]

Yes when a car is turned in at the end of the lease it's a repossession, but not in the sense of somebody towing away a deadbeat's car at 2 in the morning.