Illegal Voluntary Reposession?

[YLSJES]

What is the name of your state? FLORIDA, BREVARD COUNTY.
Can a "Buy Here Pay Here" Auto dealership repossess your vehicle when you are NOT behind on the payments, the Title joins your name and the co-signers name with the word "and" (requiring both signatures to voluntarily return the vehicle), NOT the word "or" (either party may turn in the vehicle) and they only have the signature of the co-signer on the Voluntary Repo letter. Then, they refuse to give you back your vehicle. Did they have the right to take it away with only one person's signature?

 

[JETX]

The name form on the title would only pertain to ownership of the vehicle, and has nothing to do with the loan agreement.

I presume from your post, that the co-signer authorized them to come get the vehicle. Is that correct?? If so, then you need to review the loan agreement as to signature rights and responsibilities.

I do have to ask though.... if ALL the payments were made on time, why would the co-signer or lender want to reposess the vehicle??

 

[YLSJES]

OK, they'll read the loan agreement.

They were told by the Sheriff's Dept that the dealer had no right to repossess the vehicle without both signatures since the Title joins the names with "and" and not "or". Even the tag agency stated so.

This is a "couple" we're talking about. He needed her signature as co-signer. He took off for a few days (they lived together) without letting her know where he was (not smart). Then she was told he was doing drugs and had quit his job. She went down to the dealer, very upset, not knowing how she would make the payments. She thought her boyfriend had a serious drug problem and would end up in a rehab program, not working. Perhaps she jumped the gun a bit? As it turned out, her boyfriend did have another job (he hadn't told her) and there was no "serious" drug problem but, they didn't even speak to each other for over a month. Now, they're in counseling and have spoken about the events that took place during the repo. He made calls to several attorneys, at the time of the repo, and each one asked how the names were "joined" on the Title. He said the dealer told him (over the phone) they were joined by "or"....which turned out to be a lie!!

He didn't really know how the Title read until him and his girlfriend starting speaking again and she went to the tag agency to get a copy of the Title. They had made a deposit of $1,000. and one payment of $150. The next payment was not even due for 4 more days! The dealer actually typed up the repo letter for her to sign, with her signature only, and it's dated 8/25/03. The next payment wasn't due until 8/29/03.

Thanks for the advice on about reading the loan agreement!

 

[JETX]

"They were told by the Sheriff's Dept that the dealer had no right to repossess the vehicle without both signatures since the Title joins the names with "and" and not "or". Even the tag agency stated so."
*** Simply, they were told wrong. The lender is repossessing the vehicle as provided in the security clause of the NOTE (not the title). As long as the lender is listed as a lienholder on the title, they can repossess the vehicle all day long..... no matter whether the title is in "and" or "or" form.

The issue then becomes, did the girlfriend have the RIGHT to request and authorize the voluntary repossession by the lender?? And again, as long as that parties name is on the NOTE, then yes.

 

[YLSJES]

Thank you for your advice! Time to look at the Note.