Denver, CO asked in Bankruptcy and Banking for Colorado

Q: When the bank holds the title on a vehicle but won't repossess it when the loan is in default. How can I get rid of it?

It's a large motorhome and I have no place to keep it. Can't afford to store it

Related Topics:
4 Lawyer Answers
W. J. Winterstein Jr.
PREMIUM
Answered

A: In a bankruptcy case, you are given the right to return collateral to the secured lender in exchange for full satisfaction of the secured claim of that lender.

Short of that, the terms of your Security Agreement, with applicable Colorado law, apply.

In particular, what does the Security Agreement say with respect to Default and your obligation to keep the collateral in good repair and working order? And what is the secured lender's remedy (s) if you fail to perform your obligations.

As always, your are best advised to consult an experienced lawyer authorized to practice in Colorado to determine your best path forward.

Timothy Denison agrees with this answer

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: When dealing with a situation where the bank holds the title to a vehicle but won't repossess it despite the loan being in default, you have a few options to consider. Firstly, it's advisable to contact the lender and explain your situation. They may be willing to work with you on a resolution, such as voluntarily surrendering the motorhome or negotiating a solution for the outstanding debt. Voluntary repossession is another option, where you can arrange for the lender to pick up the vehicle. While it will still impact your credit negatively, it can be a more controlled process than involuntary repossession. Selling the vehicle is also a possibility, but keep in mind that selling a vehicle with a lien can be complex, as you'll need to pay off the loan to transfer the title to the new owner.

Timothy Denison agrees with this answer

A: Take it and park it on the banks lot and leave the keys in it for them.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: You should consider consulting with an attorney to understand your legal obligations and potential solutions in this scenario, such as possibly selling the vehicle and paying the bank the proceeds, or arranging for a voluntary repossession. It is important to act within the bounds of the law to avoid any potential legal repercussions.

Timothy Denison agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.