QUESTION

Can we request storage fees since we have proof of trying to surrender the vehicle and what are our rights to the vehicle?

Asked on Aug 28th, 2017 on Bankruptcy - Oregon
More details to this question:
My husband and I filed a chapter 13 bankruptcy February 23 2016. It was finalized on July 27 2016. In this bankruptcy, we surrendered a vehicle. Since we file last February, we have been trying to find the best way to get the vehicle to Dealer Services. Our first phone call, they told us due that to liability, they had to come get the vehicle. We left it on the street for months until we relocated. We then notified both WFDS and our lawyer of the move. WFDS tried to come to our address in another state in October 2016 4 months after they were notified of our relocation. In July 2017, we received a letter stating that their lawyer filed a motion to get our bankruptcy dismissed because they couldn't locate the vehicle even though it has been parked since our move. We immediately got that rectified because they have never come to our residence to retrieve the vehicle. That letter stated September 2 2016, so as of September 2 2017. It will be a year since they were notified by the courts. This truck has sat in my driveway and not moved for 14 months.
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2 ANSWERS

Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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You can't charge the lender storage fees on your vehicle. When you buy a vehicle subject to a loan, you're the owner and the lender has the RIGHT to repossess the vehicle if you don't pay the loan. However, the lender has no OBLIGATION to repossess it. As the owner, you're responsible for all the expenses of the vehicle. Since you don't want the vehicle and the lender hasn't repossessed it. You can file with the bankruptcy court to require the lender to either (1) repossess it or (2) remove their lien and give you good title. After you get good title you can sell or junk the vehicle.
Answered on Nov 02nd, 2017 at 2:05 AM

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Bankruptcy Attorney serving Salem, OR
Partner at OlsenDaines
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Just take the car to a Wells Fargo branch, take the keys into the teller and tell her that you filed bankruptcy and you are giving the car back to Wells Fargo.
Answered on Nov 02nd, 2017 at 2:04 AM

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