What is the name of your state (only U.S. law)? illinois
My mom went through a divorce 2010-2011 per the divorce she was to refinance her car to get her ex's name off of it, she did paying a higher % rate and extended the original loan she acquired in 2008. He was also instructed to do the same, he did not. In 2011 they took 3 of her payments from her new loan and applied them to "their" loan and repossessed both vehicles, with out ANY notice. she told the repo company I have the cancelled checks after they told her she was 3 payments behind.They then had to give her car back to her, requiring her to pay the storage at the repo house and then she had to drive to Iowa to pay the auction house which she got her car back but they never gave her back the 3 payments. Since then the payments have been made (with my help due to her diagnosis of cancer and the cost associated with treatments) the car is paid off. She called the bank and they told her that they wouldn't get her title back until the deficiency was paid from the joint vehicle and when she asked why they gave her vehicle back and didn't just sell it too, told her they were "being nice" letting her have her car back. She has no correspondence or notice that there was even a deficiency until she called to get the title and to close the savings account. The collections rep said they would give her a personal loan with collateral (never mentioning the car as collateral), she told them with all the other bills he left etc, she had no collateral and her credit was not too good, she would have to think about it, however they had no intentions of taking her car. We ran a credit report and it shows write off profit/loss( nothing anywhere says "charge off" She explained shes paid on the car since 2008, and that she has no means to make that size of payment and that I had helped her. Today she called to see about options and payments if she did the personal loan and was told "why would we give you a loan to pay ourselves back", and that they put a lien against her car. Can they do this with out telling her or having her sign something? She is trying to do the right thing, but the car being 2007 its starting to nickle and dime her not to mention the $45k+ she's paid already, at this time she just wants the title because its the only thing he didn't take away from her. Does she have any rights here? She really cant afford an attorney, but it all doesn't make sense to me, if this legal why didn't they just add the deficiency on the loan in the first place? Why didn't they offer to use the car for collateral when they misinformed her they could do a personal loan? And banks aren't nice I think they had no choice but to give her car back from the repo? Any advice on where to go or is she just out of luck since she refinanced at the same bank instead of a new one?
My mom went through a divorce 2010-2011 per the divorce she was to refinance her car to get her ex's name off of it, she did paying a higher % rate and extended the original loan she acquired in 2008. He was also instructed to do the same, he did not. In 2011 they took 3 of her payments from her new loan and applied them to "their" loan and repossessed both vehicles, with out ANY notice. she told the repo company I have the cancelled checks after they told her she was 3 payments behind.They then had to give her car back to her, requiring her to pay the storage at the repo house and then she had to drive to Iowa to pay the auction house which she got her car back but they never gave her back the 3 payments. Since then the payments have been made (with my help due to her diagnosis of cancer and the cost associated with treatments) the car is paid off. She called the bank and they told her that they wouldn't get her title back until the deficiency was paid from the joint vehicle and when she asked why they gave her vehicle back and didn't just sell it too, told her they were "being nice" letting her have her car back. She has no correspondence or notice that there was even a deficiency until she called to get the title and to close the savings account. The collections rep said they would give her a personal loan with collateral (never mentioning the car as collateral), she told them with all the other bills he left etc, she had no collateral and her credit was not too good, she would have to think about it, however they had no intentions of taking her car. We ran a credit report and it shows write off profit/loss( nothing anywhere says "charge off" She explained shes paid on the car since 2008, and that she has no means to make that size of payment and that I had helped her. Today she called to see about options and payments if she did the personal loan and was told "why would we give you a loan to pay ourselves back", and that they put a lien against her car. Can they do this with out telling her or having her sign something? She is trying to do the right thing, but the car being 2007 its starting to nickle and dime her not to mention the $45k+ she's paid already, at this time she just wants the title because its the only thing he didn't take away from her. Does she have any rights here? She really cant afford an attorney, but it all doesn't make sense to me, if this legal why didn't they just add the deficiency on the loan in the first place? Why didn't they offer to use the car for collateral when they misinformed her they could do a personal loan? And banks aren't nice I think they had no choice but to give her car back from the repo? Any advice on where to go or is she just out of luck since she refinanced at the same bank instead of a new one?
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