Reaffirmation Agreement Wasn't Done

[BLITZEN7777]

What is the name of your state (only U.S. law)? NV

I have a question, in regards to our recently discharged bk. We intended to reaffirm a car loan, the creditor didn't submit paperwork to us, so it was never reaffirmed; in the middle of the bk the original lender on the car sold the loan to another lender; we still made payments until discharge in 3/09.
When we notified new lender of bk action after they notified us they bought contract, they never sent anything else. The bk was an ind action by my husband only, I haven't worked in years, so he filed only on all debts for both (this being a community property state.) Car loan was in his name only as well, but new lender put it in my name (fraudulently, I'm thinking because of my husbands bk action). Since discharge, we aren't liable for car loan as it was incl in bk; however does anyone have a pmsi in the vehicle because of the obvious fraud involved here? I have filed complaints with the BBB and state attorney generals offices regarding this matter in an effort to get something straightened out... Any other ideas on what else I can do?
Thx much in advance for any info...

 

[bigun]

Have you contacted the current lender and asked for an explanation?

 

[BLITZEN7777]

Weird

The current lender has had no contact with us since we notified them that they purchased a loan that was already included in a bankruptcy action, and we also informed them the loan was not reaffirmed by the original lender of record. But, I believe they had knowledge of the bankruptcy action by my husband and that's why all their paperwork regarding this loan was put in my name instead of his; and that's what has led me to the conclusion of fraud on their part. I did send them a copy of the discharge notice, as well as one was sent to the original lender - who called us and stated he had not known the new bk laws required a reaffirmation agreement approved by the courts. I told him that "ignorance of the law is no excuse" for his inability to find out what his rights were when he received the bk notification to begin with, especially since his property was a secured debt. It doesn't take much to find out what you should do as a creditor with any item included in a bk action... Anyways, I've filed complaints with the BBB and the attorney generals offices of both states of the original lender and the new lender. I have also already been referred to get a lawyer as others state this is a legal matter; not sure it's worth that, but it is an option. Just curious if anyone had any other ideas on this situation; I've never seen it before. Thx for your reply and help, I appreciate it. I really try to do all this stuff myself, I figure the more you know the better off you are; no excuse for not knowing the laws that affect your life!

 

[bigun]

You're correct. You snooze you lose.
Were I you, I'd retain an attorney to sort out the title issue just in case you have to default on the car loan at a later date.