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Folding dealers shock car buyers with unpaid liens
Yahoo ^ | 2/1/2009 | DON THOMPSON

Posted on 02/01/2009 5:53:51 PM PST by Red in Blue PA

SACRAMENTO, Calif. – The national wave of auto dealership closures has come crashing down on thousands of people who are on the hook for used-car loans that dealers were supposed to absolve.

When a car buyer still owes money on a vehicle he is trading in, the dealer promises to pay off the outstanding loan, then resells the vehicle. But as more dealers go out of business, some are sticking consumers with the bill. Lenders can then go after the previous owner who thought the debt was paid, or repossess the car from the new owner who assumed it came with clear title.

"It's devastating for people when it happens because they have two car payments and they can't afford them," said Rosemary Shahan, president of Consumers for Auto Reliability and Safety, a Sacramento-based nonprofit that lobbies on behalf of vehicle owners. "Their credit is destroyed for no fault of their own because the dealer defaulted."

(Excerpt) Read more at news.yahoo.com ...


TOPICS: News/Current Events
KEYWORDS: economy; financialcrisis
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To: elkfersupper
"How hard do you have to try to get it completely backwards?"

Some of our congressmen are proud to snitch brag about their favorite constituents.


41 posted on 02/01/2009 7:05:31 PM PST by familyop (combat engineer (combat), National Guard, '89-'96, Duncan Hunter or no-vote, http://falconparty.com/)
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To: Gordon Greene; elkfersupper

You’re right, Gordon Greene. I should use qualifiers (some, a few, etc.) where necessary. I should have restricted the mention to a few of the less scrupulous and politically pushy investment bankers, merchants and importers instead of generalizing, “the bankers and their free traitors.” Please accept my apology.


42 posted on 02/01/2009 7:13:24 PM PST by familyop (combat engineer (combat), National Guard, '89-'96, Duncan Hunter or no-vote, http://falconparty.com/)
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To: Red in Blue PA
But as more dealers go out of business, some are sticking consumers with the bill

Gee, car dealers screwing customers? Who ever heard of such a thing.

43 posted on 02/01/2009 7:14:44 PM PST by hinckley buzzard
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To: familyop
They are not rich, but they are the only banks that should survive the times to come, IMO, and I'll enjoy working with them again this year. ;-)

Check back later. The regulators are changing all of that.

I'm really starting to believe that our overlords want one (1) bank, which they and they alone control.

44 posted on 02/01/2009 7:18:20 PM PST by elkfersupper (Member of the Original Defiant Class)
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To: elkfersupper

Well, on the “regulators,” I hope that some of the big investment banks don’t do what some of the big lumber mills and developers did with getting too much into government to shut their smaller competitors down (mostly using employees who posed as environmentalists in county and state level meetings, board positions and the like). Many of the regulations devised by well-meaning, idealistic government department heads are more than bad enough (if their are any who aren’t really porking for semi-private special interests).


45 posted on 02/01/2009 7:29:12 PM PST by familyop (combat engineer (combat), National Guard, '89-'96, Duncan Hunter or no-vote, http://falconparty.com/)
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To: Red in Blue PA
or repossess the car from the new owner who assumed it came with clear title.

Except for the fact that the lien would be clearly shown on the title in most states.

46 posted on 02/01/2009 7:35:57 PM PST by PAR35
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To: familyop; elkfersupper; All

I would like for someone to explain to me where I’m missing something here; here’s what I see in this post...

The subject of the story is not the lenders, but the car dealers who did not fulfill their contract obligations and paid off the cars (and have probably not filed the necessary paper work either). The banks have been stuck for the last few years with debt obligations that were not their own because the government strong-armed them into making loans to unqualified recipients. I have been one of those unqualified recipients in the past through bad choices, and I paid back everything because it was my obligation to do so. But I took out the loan so I was responsible.

Seems since the government has gotten on the bandwagon of blaming the banks for the credit crisis, it’s gotten to be the popular thing to do so for the rest of the country, politics completely aside. I do agree the banks should be taking the morons to the cleaners who are causing the issue... the car dealers. But they are probably just looking at paper that tells them who last held the loan. That would lead them to go after the last known owner of the vehicle. If the car dealer was going out of business in the first place chances are paperwork was less important to them than cash in hand.

If the banks have no other recourse, should I suppose they should just go down with the car dealers? I certainly don’t want them coming after me, but like someone pointed out in an earlier post, if the person trading in the car has a contract and have read it then they would know their legal rights in the situation and whether they are signing to be liable in event of the car dealers default. If not, they will show the contract and make an appeal to the bank to cease and desist.

Tell me where I’m misunderstanding...


47 posted on 02/01/2009 7:36:14 PM PST by Gordon Greene (www.fracturedrepublic.com - Welcome to the brave new world...)
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To: elkfersupper
The Cadilliac GMC dealer in my town shut down 3 months ago and guess what? The intuition holding the paper on the Flooring could not find 26 new cars because they ended up going over seas...
48 posted on 02/01/2009 7:41:27 PM PST by tubebender (Your Tag Line offends me...)
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To: tubebender

I wonder how many car dealers would be out of trust if proper audits were sprung on them.

Of course, as long as the money keeps flowing, it’s not really in anyone’s interest to look too closely.


49 posted on 02/01/2009 7:45:34 PM PST by PAR35
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To: Gordon Greene

You’re right. Our generalizing complaints about bankers were off-topic for the post above this thread, and I chimed in. ...shows you what “news” saturation on one issue will do to us, when we’re weak enough to carry it to other discussions.

I don’t even directly work concerning the overall economy (certainly not finance or investments). ...only learning about it for a history hobby and to use the knowledge for a small project plan.


50 posted on 02/01/2009 7:48:51 PM PST by familyop (combat engineer (combat), National Guard, '89-'96, Duncan Hunter or no-vote, http://falconparty.com/)
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To: familyop

Groovy... I didn’t mean to come across harsh. I’m not even a banker; I just play one on TV.


51 posted on 02/01/2009 7:51:09 PM PST by Gordon Greene (www.fracturedrepublic.com - Welcome to the brave new world...)
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To: Red in Blue PA

Trading in a car you still owe money on? I’ve never done that in my life and I’ve been buying cars since the mid 60’s. Actually I’ve never even traded in a car, always just sold it myself.


52 posted on 02/01/2009 7:55:49 PM PST by TruthWillWin
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To: Red in Blue PA

Interesting times. Since some folks have been desperate enough to kill themselves and their families, it’s got be just a matter of time before more than a few figure out it might be more fun to point the gun at some of these vultures instead.


53 posted on 02/01/2009 8:00:37 PM PST by Wolfie
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To: RushingWater

Does anyone know if Edmunds, NADA, and Kelly are really accurate these days?
*****************************************************
Of course not Silly! Those books are printed for schmucks that buy retail, they have never been objective ,, their purpose is to get you thinking you’re getting a good deal on that car and on your trade-in... The only book that you should consult is the black book for the auction house (Manheim etc.) ..


54 posted on 02/01/2009 8:05:16 PM PST by Neidermeyer
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To: Lurker
Doesn't anyone actually read a contract anymore?

Only a Kennedy, Kerry or a Gates can afford a team of lawyers to translate all the paperwork involved with a car sale into understandable English. And even then they may lie to you to protect their(all lawyers) legal rearends.

55 posted on 02/01/2009 8:05:54 PM PST by fella (.He that followeth after vain persons shall have poverty enough." Pv.28:19')
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To: 3niner
Simple solution, don’t trade in your used car, when you buy a new one

Simpler solution. Don't trade in a car with a note on it. Drive it for at least as long as the note.

56 posted on 02/01/2009 8:06:31 PM PST by sharkhawk (Here come the Hawks)
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To: Wolfie
just a matter of time before more than a few figure out it might be more fun to point the gun at some of these vultures instead.

Won't be long now....

L

57 posted on 02/01/2009 8:10:40 PM PST by Lurker (The avalanche has begun. It's too late for the pebbles to vote.)
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To: Gordon Greene

...TV, eh? ...another difficult job (sincerely). At the University, Mr. Gomm (me) was part of an unintentionally hilarious scene, and doing a Shakespeare play was traumatizing. :-)


58 posted on 02/01/2009 8:19:00 PM PST by familyop (combat engineer (combat), National Guard, '89-'96, Duncan Hunter or no-vote, http://falconparty.com/)
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To: Neidermeyer
Of course not Silly! Those books are printed for schmucks that buy retail, they have never been objective ,, their purpose is to get you thinking you’re getting a good deal on that car and on your trade-in... The only book that you should consult is the black book for the auction house (Manheim etc.) ..

The Galves book still works very well to get a real price and even the small guy like me can go to their websaite and pay a small fee for a trade-in quote. Last I heard, most, if not all, used car dealers still use Galves.

59 posted on 02/01/2009 8:29:10 PM PST by Ronaldus Magnus Reagan
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To: Minn

This story IS confusing for the very reason you say. Am ppretty sure my bank would not honor any draft for a new car with trader-in unless the dealer “attached title” and paid off the trade-in. Banks have established proceedures, now maybe the dealer’s car company financier was the one who let the dealer slide.


60 posted on 02/01/2009 8:31:31 PM PST by dusttoyou (HNIC)
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