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  #1  
Old 12-14-2004, 12:41 PM
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Is This Legal???


What is the name of your state? CALIFORNIA
MY PROBLEM IS THIS, BACK A YEAR AGO I PURCHASED A VEHICLE FROM A CAR DEALER. I DID NOT HAVE THE FULL DOWN PAYMENT AT THE TIME OF PURCHASE. I GAVE 1 THOUSAND DOWN CASH AND POST DATED TWO CHECKS FOR A TOTAL OF 1700.00 THE REMAINDER OF THE BALANCE. THEY WERE POSTDATED FOR TWO MONTHS LATER. NOW I NEVER PAID THE CHECKS FOR I HAD OTHER OBLIGHATIONS. NO EXCUSE?? THE DEALER NEVER SENT THE CHECKS THROUGH TO SEE IF THEY WOULD GET PAID. IT IS A YEAR LATER NOW AND NOW HE THE DEALER WANTS TO PAY OFF MY BALANCE TO THE FINANCE COMPANY AND THEY REPOSSES MY VEHICLE WHICH IS IN MY NAME. HE WANTS TO DO THIS IN ORDER TO GET THE VEHICLE OR THE MONEY I OWE HIM. I AM NOT DOUBTING THAT I OWE THE MONEY WHICH IS 1700.00 PLUS 1200.00 IN PENALTYS HE IS ADDING ON FOR A TOTAL OF 2900.00. NOW MY QUESTION IS IS THIS LEGAL AND CAN HE PAY OFF MY BALANCE AND THEN REPOSSES THE VEHICLE AND HOLD IT TILL I PAY. LET ME KNOW...PEACE. PL
  #2  
Old 12-14-2004, 06:02 PM
seniorjudge
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Please toggle your caps switch and type normally. ALL CAPS IS EQUIVALENT TO SHOUTING!!!

In any event, if I understood your question, you want to know if you have to pay for your car. Yes.

If you do not, you may find it repossessed and then a deficiency judgment may be entered against you.

That means you do not have the car but you still owe money!

Bummer, eh?
  #3  
Old 12-14-2004, 06:42 PM
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Yes I am sorry for the CAPS. I know that I have to pay. Does the dealer have the right to pay off my loan that is in my name and reposses the car. Let Me Know...Peace. PL
  #4  
Old 12-14-2004, 06:49 PM
seniorjudge
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The lender (whoever that is) can repossess your car if you do not make payments.
  #5  
Old 12-14-2004, 09:28 PM
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So if the dealer goes and pays off my loan that is in my name he can claim ownership, and then come and reposses the vehicle. I just want to be sure on where I stand...Peace.PL
  #6  
Old 12-15-2004, 07:22 AM
seniorjudge
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Tell me what part of my answer you did not understand.
  #7  
Old 12-15-2004, 05:19 PM
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So I do understand that the lender can be anyone, but it's hard for me to understand that now I will have to pay the dealer instead of my original lender. I guess the lender does not care who pays off the loan as long as they get their money right? Now the dealer gets owners ship of the vehicle as far as the pink slip? I am still the bowower right? He will set the payments until I finish paying whatever he sets the price of the vehicle correct? Now how long will it take for him to do this a week, a month or what?...Peace. PL
  #8  
Old 12-15-2004, 05:39 PM
seniorjudge
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I don't know anything about how long it takes people to do stuff. If I want somebody to do something, it usually takes longer than I expected.

Anyway, here is how a car loan works. You (borrower) go get a car from the dealer. He or someone else loans you money to buy the car. If you pay your loan off, you get your title. If you don't pay your loan off, you get your car repossessed, and (probably) a judgment for the amount you have not paid. In other words, you don't have a car and you still owe a lot of money.

The person who loaned you the money can sell that loan to someone else. It doesn't make any difference who you are paying now, just as long as it is the person who owns the loan. If someone else pays your loan off (like that is ever going to happen!) that doesn't mean they get the car; they have just paid on someone else's loan (yours).
  #9  
Old 12-15-2004, 11:19 PM
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Thanks for the help in my situation...Peace.PL
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