Repo of car

[tommari]

My mother-in-law got behind on her car payments and the bank took the car back. She drives a truck for a living and is only able to get home about 3 days every 6 weeks. the bank sent a letter saying that if she paid a certain amount by a certain time she could have the car back. My wife and I went to the bank with the money and a Power-Of-Attorney to get the car and the bank refused to accept the P-O-A and she lost the car. Is there anything she can do? She had a lot of money invested in the car and not to many miles on it since she is never home. Thanks for your help.

 

[Tracey]

Read the CA laws on powers of attorney. My guess is that the bank had a legal duty to accept the power of attorney and deal with the attorney in fact (you). If the bank wrongfully refused to honor the POA, the bank is liable to mom for damages.

Read the bank's letter carefully and make sure you had all the items the bank wanted and that the POA gave you power to 'do anything necessary in carying out these powers and duties' or to sign a reaffirmation contract or some such language. If the bank wanted her to sign a new agreement, didn't tell her, then refused to let you sign as her attorney-in-fact when you had the power to do so, the bank is in trouble.

If you act fast enough, you may even be able to obtain a temporary restraining order preventing the bank from disposing of the car until her case is heard. If the car's aleady gone, she may get some money, depending on whether she lost or made money on the deal, and whether the bank damaged her credit by wrongfully completing the repo.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.