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Old 11-02-2004, 11:51 AM
dumdum
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Auto Repossession and Divorce


What is the name of your state?What is the name of your state?What is the name of your state? Texas

My wife's ex-husband allowed a truck which she was a cosigner on to be voluntarily repossessed. At the time she was unaware of any of the details, and we are still not real clear on exactly what took place. And while I think it is grossly unfair for her and I to have to clean up his mess, I realize she was a cosigner on the loan and that we are probably stuck doing it. He certainly isn't going to make things right (within weeks after the repo he had bought a new truck although we are baffled as to how, and we understand that he may be now trying to "hide" this new truck so it wont get repo'd as well) so we're stuck holding the bag. My question revolves around the legalities of the notification before dispositon.

My wife (we were not married at the time of the repo) never received ANYTHING from the creditor except phone calls trying to locate her ex-husband (who has not had a permanent address since they split over two years ago.) During these phone calls they would tell her that she owed them the full amount left on the note, which was around $13K. She was never given any information about the disposition of the vehicle, nor was she ever given the opportunity to buy the vehicle. She was simply told that she would have to pay the amount left on the note.

Questions: How do they prove whether proper notification was provided? Could it be possible that her ex agreed to something, such as waiving the notice requirements, without her knowledge, and therefor screwing her further? Does it sound as though procedures were not properly followed and that we may not be liable for the deficiency? If that were the case can the repo get stricken from her credit report? And the biggie: Whether or not lack of notification before disposition works in our favor, is there any way for us to satisfy her legal obligations WITHOUT automatically cleaning up that ******'s mess as well? I am resigned to doing what we need to do to clean her credit, but the possibility that he will benefit and get off scot free really pisses me off....

I realize that we need to consult with a lawyer. But any enlightenment before we do that so that we don't have to go into it completely blind would be greatly appreciated.
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