maddison66 Posted January 22, 2008 Report Share Posted January 22, 2008 Need some advice on how to proceed with this issue. Here's the reader's digest version...-Filed CH 13 with ex-husband in 3-98. CH 13 dismissed in 2001 due to non-payment of plan.-1998 Ford Escort that I co-signed on with ex included in CH 13.-Moved to Ohio from Texas in 1999, divorce finaled in 2000.-Filed CH 7 for my debt which was discharged 11-05.-Found out 2007 that 5000.00 was still owed on the Ford Escort. Debt never appeared on my credit report, so I didn't know I owed it until I took possession of the Escort last year.-Found out today that the debt was sent to Weltman, Weinburg & Reis in 8-07.Ok, I need the title to this car, but I do not want to pay 5000.00 for a car that is worth about 2000.00 now (got an estimate of value done). At this point I haven't heard word one from Weltman, Weinburg & Reis. I have an appointment to see an attorney tomorrow to see what my options are.I don't understand why this never appeared on my credit report because if it had, I would have put the car on my CH 7.I appreciate any advice y'all can offer... Link to comment Share on other sites More sharing options...
flacorps Posted January 22, 2008 Report Share Posted January 22, 2008 Was the car loan in default before the CH 13? Was it paid on afterward? You hope and pray you can find some way to apply TX's SOL rather than OH's 15 year one. Your CH7 discharge probably does cover it even though you didn't schedule it. I take it the ex gave you the Escort last year? Or if not, who had it during what periods? Link to comment Share on other sites More sharing options...
maddison66 Posted January 22, 2008 Author Report Share Posted January 22, 2008 flacorps, thanks for responding...1. No, the loan was not in default before the CH 13 and as far as I'm aware, it was paid on up until it was dismissed. Unfortunately, Ford Motor Credit isn't giving me a whole lot of information.2. I wasn't sure if the SOL is something that I can use on a auto loan. If so, that is an option I can explore.3. I'll speak with my attorney tomorrow about whether or not the CH 7 will cover the Escort or not. He's not the attorney I used on my BK, but he should be able to let me know if that will work or not. 4. Yes, my ex gave me the Escort last August before he left to go to Hawaii. Prior to that time period, he and his current wife had the Escort from the period covering our separation/divorce (August 1999/February 2000) thru August 2007. Link to comment Share on other sites More sharing options...
flacorps Posted January 22, 2008 Report Share Posted January 22, 2008 I bet you haven't heard from WWR because it would violate your BK discharge. They probably won't put anything on your reports. The possibility of a lawsuit is probably equally remote. That leaves you in a quandary regarding what to do with the car ... and whether you can retain it in your possession without violating FMC's rights. I certainly wouldn't put any money into the car to fix it up or anything unless and until you have good title. And I wouldn't arrange to turn it in to FMC without an attorney going over the papers you would be expected to sign. The matter really does need legal counsel to work with WWR & FMC to get you out of it cleanly. Chances are that getting out of it cleanly will also mean you're back to shoe leather for transportation though... Link to comment Share on other sites More sharing options...
maddison66 Posted January 22, 2008 Author Report Share Posted January 22, 2008 Here's some irony...the car is undrivable. I want to get the title so I can turn it over to a salvage yard.I have another car. This car was given to my daughter to use and of course, she wrecked it.This is literally giving me a headache...LOLThanks for helping me out...!!! Link to comment Share on other sites More sharing options...
flacorps Posted January 22, 2008 Report Share Posted January 22, 2008 Salvage yards are in the business of taking in junk cars ... and junk cars often have title problems ... so someone at each salvage yard is going to be good at that stuff ... you want to call around until you find a salvage yard that tells you a believable story with zero holes about how they can take that car off your hands and perform the requisite paperwork to keep your life clean. At least, you want to call a few and see what they say before seeing the attorney ... he might not be really familiar with the nuances, but he will be able to speak the language better if you've talked to the yards first. Don't just tow it someplace and dump it ... that's a great way to wind up owing storage fees. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted January 22, 2008 Report Share Posted January 22, 2008 So you and your husband had a loan for the Escort, you paid on it til the 13 was dismissed, he took it and didn't make the payments then gave it back to you? What a swell. Why didn't you put that loan in the 7? Link to comment Share on other sites More sharing options...
maddison66 Posted January 22, 2008 Author Report Share Posted January 22, 2008 Recovering Attorney...At the time that I filed my CH 7, I didn't know that money was still owed on the Escort. It wasn't showing on my credit report as a debt, but if it had, I would have filed it with my other debts.This situation sucks all the way around. Link to comment Share on other sites More sharing options...
maddison66 Posted January 22, 2008 Author Report Share Posted January 22, 2008 Was the car loan in default before the CH 13? Was it paid on afterward? You hope and pray you can find some way to apply TX's SOL rather than OH's 15 year one. Your CH7 discharge probably does cover it even though you didn't schedule it. I take it the ex gave you the Escort last year? Or if not, who had it during what periods?flacorps, you mentioned something interesting about the SOL. I was the co-signer on the auto loan. I left Texas in 1999, but my ex-husband left Texas in 2002 (I think...).The SOL on this would be totally screwed up on this issue. Link to comment Share on other sites More sharing options...
Robert Nashville/Savannah Posted January 22, 2008 Report Share Posted January 22, 2008 What a mess – it gives me a headache to read this!This situation could be a poster child for why you always keep your financial records up-to-date!A person could owe many debts that either don’t show up on a credit bureau report, might show up now at some point and then drop off or that never will show up but that has Zero to do with whether the debt exists and/or is owed or not.It sounds to me as if you either had a lazy or a stupid (the two often go together) attorney if he/she gave the advice that you use what’s on your credit report as the basis for what to put in your bankruptcy petition.Of course, that’s all water under the bridge at this point.I would strongly suggest you get an attorney to help you with this – done incorrectly, you could open up a can of worms that will do a lot more than give you a headache. Link to comment Share on other sites More sharing options...
maddison66 Posted February 6, 2008 Author Report Share Posted February 6, 2008 Bump Link to comment Share on other sites More sharing options...
maddison66 Posted February 6, 2008 Author Report Share Posted February 6, 2008 Robert_Nashville, thank you for responding to my post. Yeah, you are right, this situation is a total mess and its not looking good right now.I think I will probably retain an attorney for this (thank GOD for legal insurance). This debt has now been turned over to a Weltman, Weinburg and Reis office here in Columbus. Probably the only thing working to my advantage is that I was not formally notified in writing of this debt prior to my attempts to get the title to the Escort. This situation is further complicated by the fact that I am divorced and my ex (who is still in the military, stationed in Hawaii right now) and I have lived in different states since 1999. I don't even know what SOL will be used, if they will come after the both of us or me since I'm the one who was been working on this issue. I suspect that Ohio's SOL will be the one used since it is the longest (15years) as opposed to Texas and Florida (which is where he lived after the dismissal of the CH 13).It would be great if I could just settle with either Weltman, Weinburg & Reis or Ford Motor Credit and have this entire issue done with. The car is now 10 years old, totaled in an accident and even if it had not been totaled, the value of the car isn't what is owed on it. I'm tempted to tell Ford that if they want the car, they can pick it up at the junk yard in Grove City and just go away...Anyways, thanks for your advice and if anyone else has anything to offer, it would be greatly appreciated. At this point, I don't want my credit damaged by this issue because it has taken a lot of work to rebuild it after my CH 7 was discharged in 2005. Link to comment Share on other sites More sharing options...
flacorps Posted August 7, 2008 Report Share Posted August 7, 2008 Thread continues over here: http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=281646But I'm bumping for an update in this thread, the original one. Link to comment Share on other sites More sharing options...
PrincessAmy Posted August 7, 2008 Report Share Posted August 7, 2008 I know it's old, but a junkyard should be able to get a salvage title on it, wheter there is $$ owed or not. Link to comment Share on other sites More sharing options...
Flyingifr Posted August 7, 2008 Report Share Posted August 7, 2008 Here's some irony...the car is undrivable. I want to get the title so I can turn it over to a salvage yard.I have another car. This car was given to my daughter to use and of course, she wrecked it.This is literally giving me a headache...LOLThanks for helping me out...!!!If you just want to get rid of it, why not have it towed to the worst part of town some night? Give it a couple of days and I bet half of it will be gone. Take the plates and the VIN plate off.But first I would offer the car to the lienholder CMRRRR. They can come and get it or you will start charging storage fees. Link to comment Share on other sites More sharing options...
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