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Auto loan complicated and terrified


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I posted somewhere else with the title above. Can you please search. I have called family attorneys/civil attorneys/bankruptcy attorneys and noone knows what to do. Is there anyone who can help me or direct me to someone who can? I have been left and stuck with this car by my husband and I am trying to fix it. I need to know what to do with out of state car besides not driving it.  Do I just call the bank and ask? What will happen then? Is it possible to negotiate with the bank? Is there any way to deal with the situation without my credit being completely ruined again after waiting 26 years for it to be finally clear after husband repeatedly ruined it? If there is repo or judgement is there a time limit to these things? I have no idea what my husband did. He refused to talk about anything financial. There has to be someone who knows. I am trying to do the right thing. Because I was honest with everyone in trying to fix it I am guessing they will come and get it now. Should I call the bank and just tell them to come get it? I am so scared. I have been through so much. Is there anyone who can help?

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You mention car is 2006 that's 16 years  old. The bank has written it off.  IDK when you all defaulted on loan but the SOL may have passed.  Yes call bank see if you can locate who is handling your loan if anyone is as it may have been sold.  You can ask what they would take for the car trade in blue book or less most likely.  If you can raise that great you can then release lien and register car.  But yes first thing is to find out what the bank wants with the car I am sure they don't want car it's more a PITA for them now to deal with it.  

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Your original post is in "Obtaining Credit Cards, Auto Loans and Financing" under Loans and Banking

That said, I cannot believe that all the attorneys you talked to do not know how to fix this. They may not know how to fix this in the time frame you gave them. This is not going to be a quick fix, regardless of your situation.

The first thing you need to do is get to social services so that you can get support for yourself and you children (I assume they are under 18 although one is at least 16). Make sure that you have your ex's SSN (if you filed taxes jointly, you can get that from the tax forms) so that they can go after the SOB for child support. Trust me, with a SSN, they will track the SOB down as the county government has way more resources available to do that than the average private citizen and they will do it because the want the child support to offset their payments to you. You can also possibly set up public transportation for things live picking up medications and groceries. If not, you will need to ask a neighbor for help.

For divorce, once you know where the husband is, it is going to cost you and there might be some waiting period (I think you have to wait 12 months in order to get a divorce based on actual willful desertion. You will also have to pay the legal and filing fees. You might be able to get a limited divorce or separation in the meantime.

For your car with the lien with Wells Fargo, you probably owe way more on the loan at this point than the car is worth. You can call Wells Fargo, tell them where the car is, and tell them where to pick it up. Giving the car up is you best option because you cannot get it registered or insured anyways. It is also 15 years old. You can worry about the deficiency on the loan later and since your only income will be disability and social services, you are collection proof anyways, even if they try to get a judgement against you. Not only that, but by the time they come calling, you can give them your husbands information and tell them to go after him. They will probably move quickly because not doing so loses them money each day.

For your son's car, it depends on his age. If he is 18 or over, it will be up to him to deal with that. If he is under 18, you might have to do some of this. Once your husband is tracked down, you or your son will have to get together the proof that he paid for the car and then sue your husband in court to get the title transferred to your son's name. That can possibly be done in small claims court. If your husband happens to show up, the judge can order him to sign the title over to your son. If he does not, you son will get a court order to take to the DMV to get a title in his name. From there, you son will have to obtain his own insurance and registration. It is going to cost him a pretty penny so don't be surprised if you son is not happy with your husband.

You can eventually save up and find a cheap car yourself although right now, that is very hard.

Finally, I am going to say this again, DO NOT DRIVE A VEHICLE THAT IS NOT PROPERLY REGISTERED OR INSURED!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! If you get caught by the police, it will be very costly. In fact, if what I read it true, the courts will treat your actions worse than if you were driving drunk. You could even lose your license and there is no hardship exemptions for these charges (which includes getting medications). If you get into an accident, you might end up in prison, lose your disability income, and lose your children. There are not exceptions to the laws to get groceries or medications. If you are in a lurch, use UBER or LYFT. They will cost a lot less than a driving without registration/insurance charge. Just because your husband is an immoral idiot does not mean that you can get away with breaking the law too. You need to do things by the book.

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13 hours ago, BsharpC said:

I have called family attorneys/civil attorneys/bankruptcy attorneys and noone knows what to do.

Horse manure.  I lived in GA for ages and you clearly haven't called or you simply don't like what they told you.  

13 hours ago, BsharpC said:

Do I just call the bank and ask? What will happen then? Is it possible to negotiate with the bank? Is there any way to deal with the situation without my credit being completely ruined again after waiting 26 years for it to be finally clear after husband repeatedly ruined it?

First of all if you are not even listed on the loan, registration or title there is NO way it will affect your credit.  Call Wells Fargo.  Do not be shocked if they tell you they cannot speak to you about it because you are not on the loan.  If you are not on the loan or title then you cannot register or insure the car.  That means you cannot legally drive it. PERIOD.

13 hours ago, BsharpC said:

Should I call the bank and just tell them to come get it?

Yes.

Last:  GET A LAWYER.  Not hearing what you want to hear and continuing to post the same thing over and over is not going to change your situation.  You are going to have to step up and start making decisions or nothing is going to change.

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8 minutes ago, Clydesmom said:

First of all if you are not even listed on the loan, registration or title there is NO way it will affect your credit.  Call Wells Fargo.  Do not be shocked if they tell you they cannot speak to you about it because you are not on the loan.  If you are not on the loan or title then you cannot register or insure the car.  That means you cannot legally drive it. PERIOD.

She is on the title and probably on the loan but I bet the title is from out of state which means she would have real issues getting the vehicle legal to drive in Georgia. I still say that the her best option is call Wells Fargo and have them come and get the car. There is no way she will be able to negotiate anything and besides, no matter what happens with her credit, she is collection proof and will be for some time. By the time they come after her for the deficiency, if she applied for assistance for her children, the county will have already notified her where the husband and she can send them to him. They will never collect from her anyways regardless to them getting a judgement or not.

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I just got to thinking, because of her income situation, a bankruptcy attorney cannot help her because bankruptcy would be overkill for this situation. A family or civil attorney should know how to deal with this situation. You are not the only person in the United State or Georgia who has been put in a situation like this.

In fact, my mother was put in a similar situation in the late 1970s and it was worked through although it took about 2 years (and more) to get through it. The only thing she had a problem with was child support but that is because Wisconsin does not get along at all with New York but even there, she was able to get child support going after 10 years of chasing my father.

So yes, the attorneys do know what to do. They just cannot do it in 2 weeks. There is no magic wand here.

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