wwyd, car repo and items thrown away

[Gumbo4x4]

Does the title indicate there is a lien on the car? Otherwise, with the title, you could sell the car without paying off the loan, and the lender would have lost their collateral on the loan.

Dunno, it’s in the safe deposit box LOL

 

[brockash]

First question, why did you all not remove the items from the car already?

Why is that the first question....so you can ridicul the OP? What is the point/what do you get out of trying to make yourself look "smarter" than someone dealing with the situation. If you're not going to be helpful, don't reply.

OP, I would start with a letter to the company explaining the situation. - I always try to start out nice and as polite as possible, but be ready to escalate the issues if need be.

 

[Southernmiss]

Why is that the first question....so you can ridicul the OP? What is the point/what do you get out of trying to make yourself look "smarter" than someone dealing with the situation. If you're not going to be helpful, don't reply.

OP, I would start with a letter to the company explaining the situation. - I always try to start out nice and as polite as possible, but be ready to escalate the issues if need be.

No ridicule at all intended. Apparently we think differently. Message boards are open places for discussion.

Thanks for the response..

My immediate first thoughts were mother has been gone a few months. Sentimental items in the car. Get them out of the car in somewhere safe to go through later. Cars get broken into easily.

In my area of the US it's close to 100 degrees now. Electronic items don't do well in 130 degree auto temperatures.

I simply wondered what were the circumstances leading to the delay, especially if the car was intended for Ops son?

My grandmother died last year. Within a month we made sure to secure items that were valuable and move them to a safe place. A few months to take important items out and secure and clean out a car seems reasonable. The family could then take their time in going through the items.

 

[NYCgrrl]

Never owned a car so I'm just going with the common sense route.

When real property is foreclosed an inventory has to be made by the marshal's office. Don't know what the law is in the OP's jurisdiction but that is where I would start looking -for an inventory of the items in the car when it was repossessed.

I would try working with the repo company and bank before taking any court action especially since your mother did not have a will. You may find that the cost of having to deal with the probate/surrogate court before having the legal right to sue in civil court is more than the value of the items broken or missing in the car.

I'm sorry for the loss of your mother.

 

[nkereina]

The contract between the bank and repo company will be the other way around, actually. The repo company will usually sign some kind of "hold harmless" agreement where they (the repo company) assumes legal liability for damages that occur during the repo process. For that reason, the bank really won't care about a third party that gets complaints raised (unless there are serious issues).

Sorry, but no. I work at a bank - in Collections Third Party Management, ironically. While it's true the repo company may agree to the bank's indemnification clause, the bank most certainly cares about third party complaints. The bank contracts with the repo company to repo cars on the bank's behalf. Any questionable move, especially resulting in a customer complaint, reflects poorly on the bank and causes reputational risk. The bank has regulators to answer to and those regulators will hold the bank responsible for any wrong move the third party does that the bank doesn't appropriately respond to. When it comes to customer complaints, CFPB fines could be on the table in some instances too. Most (reputable) banks won't mess around when it comes to both customer complaints and third/fourth party issues. Banks also audit their third parties to make sure they're adhering to compliance matters and contractual items. If I worked at the OP's bank, I would notate this occurrence on the repo company's file with us and flag it to look for a pattern, and would liaise between the repo company and customer to ensure there's resolution.

 

[china mom]

Long shot here - gut instinct says the stuff was stolen or tossed - but try asking the repo company if they secured the stuff to make sure it wasn't stolen from the lot. I used to supervise police impounds and on more than one occasion, someone forgot to note that the items were being stored in the manager's office for safekeeping.

 

[Klayfish]

Sorry, but no. I work at a bank - in Collections Third Party Management, ironically. While it's true the repo company may agree to the bank's indemnification clause, the bank most certainly cares about third party complaints. The bank contracts with the repo company to repo cars on the bank's behalf. Any questionable move, especially resulting in a customer complaint, reflects poorly on the bank and causes reputational risk. The bank has regulators to answer to and those regulators will hold the bank responsible for any wrong move the third party does that the bank doesn't appropriately respond to. When it comes to customer complaints, CFPB fines could be on the table in some instances too. Most (reputable) banks won't mess around when it comes to both customer complaints and third/fourth party issues. Banks also audit their third parties to make sure they're adhering to compliance matters and contractual items. If I worked at the OP's bank, I would notate this occurrence on the repo company's file with us and flag it to look for a pattern, and would liaise between the repo company and customer to ensure there's resolution.

Sorry, but yes. I deal with this situation too, daily. Sure, like any business, a bank cares about its' reputation. But the extent to which they'll worry about a vendors' issues is each to their own opinion, I guess.

 

[Gumbo4x4]

Never owned a car

Whoa

 

[SouloTravlr]

Does the title indicate there is a lien on the car? Otherwise, with the title, you could sell the car without paying off the loan, and the lender would have lost their collateral on the loan.

Yes, it does in our state.

 

[cabanafrau]

Never owned a car so I'm just going with the common sense route.

When real property is foreclosed an inventory has to be made by the marshal's office. Don't know what the law is in the OP's jurisdiction but that is where I would start looking -for an inventory of the items in the car when it was repossessed.

I would try working with the repo company and bank before taking any court action especially since your mother did not have a will. You may find that the cost of having to deal with the probate/surrogate court before having the legal right to sue in civil court is more than the value of the items broken or missing in the car.

I'm sorry for the loss of your mother.

For clarity, real property is actually land and things attached, such as buildings.

 

[nkereina]

Sorry, but yes. I deal with this situation too, daily. Sure, like any business, a bank cares about its' reputation. But the extent to which they'll worry about a vendors' issues is each to their own opinion, I guess.

If its a federally chartered bank, they will care about their third parties' actions if they do not want backlash from the OCC. OCC bulletin 2013-29 gives directive on third party monitoring, which includes this kind of thing. But if you're talking about a credit union or non-federally chartered bank, then I guess the same standards wouldn't apply.

 

[Mackenzie Click-Mickelson]

Why is that the first question....so you can ridicul the OP? What is the point/what do you get out of trying to make yourself look "smarter" than someone dealing with the situation. If you're not going to be helpful, don't reply.

OP, I would start with a letter to the company explaining the situation. - I always try to start out nice and as polite as possible, but be ready to escalate the issues if need be.

I really don't think they were trying to be mean nor trying to make themselves look smarter . I think it's a practical question.

After a loved one passes away it's certaintly understandable to take some time. But usually that's if it's in a house, a storage unit, etc. For a vehicle that held sentimental possessions and important documents waiting too too long isn't prudent and probably serves as a reminder to the rest of us.

The vehicle appears to have been used enough too so it wasn't a vehicle gifted and just left in storage. An accident could have taken away those sentimental items it didn't have to be the repo company.

 

[Mackenzie Click-Mickelson]

Whoa

If they lived in NYC area their whole life I can totally understand that. Husband's uncle lives in West New York, NJ (can see the sky line) and for a parking space he had to buy it for more than the cost of the car plus monthly fees to help upkeep the garage. He would take a NJ transit bus everyday into the city, etc for work. BUT he grew up in MO and def. knew how to drive he just didn't own a car for a long time living in NYC until he later decided he wanted to have one.

Not having a driver's license and not learning how to drive is a different story to me but I can understand the not owning a car in NYC because of their transit systems.

 

[NYCgrrl]

Whoa

Can't drive legally either. Had a driver's license for a while but then never bothered to renew it. NYC has the largest population of non driving and/or car owning populations in the country and we all know how to hail a cab or jump on the subway/bus or tramway. As Mackenzie Click-Mickelson pointed out it's expensive to park, maintain, and insure a car here too so why bother?

For clarity, real property is actually land and things attached, such as buildings.

You are amazing! You figured out what real property is and I'm still working on painted rocks and Deadpool Pooh.......

 

[cabanafrau]

You are amazing! You figured out what real property is and I'm still working on painted rocks and Deadpool Pooh.......

Seems like I missed something here.