Personal Finance & Money Asked on February 7, 2021
My wreck of a car might get towed away, and is posing other financial risks to me. What is the cheapest legal way to get rid of the car?
Further details:
I took out a loan in order to buy a car, and later I wrecked it; it is not worth more than its scrap value. Am I allowed to sell, give away, or otherwise dispose of a vehicle which still has a loan against its title? (Do I even ‘own’ my car if I bought it with an auto loan?)
People do not like the wreck being parked at the side of the road in a residential neighborhood, so I cannot simply ‘walk away from it’.
I live in the state of Colorado, in the United States.
Possibly relevant section of my auto loan:
RETAIL INSTALLMENT CONTRACT
You give Us a security interest in: 1). The Vehicle and all parts or goods installed in it; 2). All money or goods received (proceeds) for the Vehicle; 3). All insurance, maintenance, service or other contracts We finance for You; and 4). All proceeds from insurance, maintenance, service, or other contracts We finance for You (this includes any refunds of premiums). This secures payment of all You owe on this Contract and in any transfer, renewal, extension or assignment of this Contract. It also secures Your other agreements in this Contract. You agree to have the certificate of title show our security interest (lien) in the Vehicle.
Ownership and Risk of Loss. You promise to pay Us all You owe under this Contract even if the vehicle is damaged, destroyed, or missing
You will not sell, or otherwise transfer any interest in the Vehicle on this Contract without our written permission.
If the Vehicle is lost or damaged, You agree that We can use any insurance settlement either to repair the Vehicle or apply to Your account balance.
The relevant portion of the contract you quoted seems to be here:
You will not sell, or otherwise transfer any interest in the Vehicle on this Contract without our written permission.
So you don't seem to have the right to sell the vehicle without written permission of the lender (otherwise, someone could get a loan for a car, and the bank thinks risk is low because the car has value, but the borrower could sell the car and walk away with the extra cash, with the lender having a hard time to get repayment.
And here:
If the Vehicle is lost or damaged, You agree that We can use any insurance settlement either to repair the Vehicle or apply to Your account balance.
I assume insurance was in place on the vehicle, because it would be required by your loan contract - the question could be whether insurance would make a payout. In such a case, without seeing the remainder of the contract [and my not knowing Colorado law], it is unclear whether you are required to make immediate payment to the lender on having the car totalled, or if you must simply continue to make payments per the original contract terms.
In order to assist your making payment of the loan, the lender would possibly agree to allowing you to sell the vehicle to a scrap yard, though in doing so they may request that you pay off the rest of the loan in full.
Answered by Grade 'Eh' Bacon on February 7, 2021
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