We turned in Mom's car to the bank, but they said if they can't get what is owed on it when they sell it Mom will have to pay the difference. Is there anything the bank can do to try and make her pay this?

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Imlosingmymind Asked May 2017

We turned in Mom's car to the bank, but they said if they can't get what is owed on it when they sell it Mom will have to pay the difference. Is there anything the bank can do to try and make her pay this?

My mom who has moderate dementia is living with me. We turned her car in as she can no longer drive. We want to use the car payment money for items like depends, diapers, gloves, etc. We took the car to the bank ourselves and gave it back to them, telling them why and that way we wouldn't have to have it repossessed and even worse on her credit (at this point what's it matter). We got letter saying they are selling the car and if they can't get what is owed on it they expect her to pay the difference. I did not and do not intend on telling her this as she is obsessed with money and worrying about the car. Is there anything the bank can do to try to make her pay this with all she needs to take care of her and in her demented state? Is this something to be concerned about? She doesn't own a home, has no savings and nothing they can go after as payment, and she did not have a cosigner on the loan. HELP!!!

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score 1 · Answer 1

I agree with Jesse Belle. In over 3yrs she should have it at least half paid off. What was the interest rate. There maybe some negotiation there. I would have taken it back to the dealer. He may have given u a better price. Your Mom will be responsible for the difference. She has an income. But I think u may be able to work something out with the finance company. If not, there r companies who will negotiate for u. Check with ur office of aging.

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score 0 · Answer 2

Have you put it up for sale? You might get more than you think!

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score 0 · Answer 3

JessieBelle...they tell us that's the balance due for payoff..she had the loan on a 6 year payoff

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score 2 · Answer 4

Ouch. She's been paying such a long time to still owe so much on it. Does she owe $11.9K on the principal, or does this amount also include future interest due. If she still owes that on the principal, I have to wonder about the terms of the loan. If it is the total amount she owes (including interest), you may be better off to see if they will let you sell the car and apply the money to the principal. You might be past that point now if the bank wouldn't let you sell it.

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score 3 · Answer 5

Thanks everyone she only has SS..no home/property or savings..like a lot of people lives month to month especially having to buy all the things she requires..depends..liners pads, diapers, bed chux, medication ( which she always goes into donut hole on every year) we did try to find someone to take over loan..and tried to sell it for what was owed..which was $11,900..she paid $16,000 for it..couldn't find anyone willing to take over payments for what was owed and no one wanted to buy it for amount that was owed on it..she bought the car 3 1/2 years ago while living on her own didn't need a co-signer as she had an excellent credit rating...as my Daddy (who also passed from stroke related Vascular Dementia) would say "It is What It Is"...thank you for all your replies 🙂

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score 3 · Answer 6

They will most likely dispose of the car in the way most convenient to them and it will be under the loan amount. And they will try to get your mother to pay. She'll get a lot of letters. Then they'll turn it over to a collection agency, and they can be pretty persistent. Try to intercept these calls. Tell the first caller, "My mother has dementia and cannot talk on the phone. Put future communications in writing." It is less stressful to throw away letters than talk on the phone.

It is unfortunate for the bank, but they cannot get blood out of a turnip and mother cannot pay. I assume she took out the loan in good faith and intended to pay it back. Life intervened. It is what it is. Protect your mother from the hounding that will start after the car is sold.

(BTW, does anyone know why someone would want to get blood out of turnip?)

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score 1 · Answer 7

Ok, so if the car is sold and they don't get enough to pay off the loan (that is to be expected), then the next question is can the bank recover anything that is owed to it. Maybe. Does she have assets in the bank that might be taken to offset the debt? Look at the original loans documents. Switch banks for any direct deposits. What else they may pursue depends on what else she has. If her only income is from Social Security, it is protected from garnishment for this. Get a free brief consultation from an attorney to be clear on this. Then put it writing to the bank and tell them she can't pay. This may not be the way to go if she has has other income that could be attached with a court order after a judgment is obtainedn by the bank. This is not about shaming anybody but dealing with a legally owed obligation.

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score 1 · Answer 8

Hm. In this case, had you known the bank would say this, you would have been better off to see if you could find someone who wanted the vehicle and who would take over payments.

Bank strikes me as the type of seller to sell at wholesale, they will unload the item for whatever amount, knowing they still have your mom on the hook to pay the loan amount. Banks aren't known for their kind generosity in how they treat the people who owe them money, even considering your mom's circumstances.

You can "name and shame" them online, though, and that may (or may not) get you somewhere. If they sell the car under the KBB value and say your mom still owes, you could report that online to other consumers. It will at least help others to make decisions in future.

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score 2 · Answer 9

I'm so sorry this is causing you so much stress. I assume the bank will try and get the full value from the sale. I would go back to them and tell them your situation and insists they sell the car for enough money to cover the loan. I would also check with the Better Business Bureau or Adult Protective Services and see what your mom's rights are in this case.

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score 3 · Answer 10

Bumping this up.....

I assume that this is a form letter that you got. Can you check the Kelley Blue Book Value of the car and compare it with the loan? Is there a big difference?

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We turned in Mom's car to the bank, but they said if they can't get what is owed on it when they sell it Mom will have to pay the difference. Is there anything the bank can do to try and make her pay this?

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