QUESTION

Do I have to pay the loan on my husbands vehicle after he dies if my name is not on the title and we did not buy the car together

Asked on Mar 21st, 2014 on Collections - Florida
More details to this question:
The bank told me they would take his car sell it and write off any money unpaid. They Picked up the vehicle and took it igot a letter saying they would sell it and I would pay the difference today I got a letter from the bank saying I was behind in payments 900.00 and I owe them the remainder of the money not the car 13,000 and they took the vehicle What do you think about these practices They where taking the money from my account.
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1 ANSWER

Commercial Litigation Attorney serving St. Petersburg, FL at Law Office of Guy P. Coburn
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As a general rule, if your name is not on the loan as a responsible party, then you are not personally responsible for the loan or any of the fees and expenses.  There are, however, exceptions to every general rule that may apply in your situation -- but not likely.   The standard procedure for a defaulted car loan is that once the lender repossesses the car, the lender must give notice to the borrower of his or her right of redemption before the car can be sold "in a commercially reasonable manner."   If there is a balance still owed, the lender can seek a deficiency claim against the borrower which could be a law suit.  If your husband has passed away, the lender could seek a claim against his estate, if there is an estate.  If there are no assets which were owned by your husband alone, then the lender will have no way to collect the deficiency.   The letter you got was probably addressed to your husband.  If it was addressed to you and you were not on the loan, you should advise the lender that they have made a mistake and that you are not responsible for the loan.  I recommend you send a letter, and keep a copy.  If the lender then tries to collect the debt against you afterwards, you should contact an attorney who knows about the Florida Consumer Collections Practices Act to consider a claim against the lender for Creditor Harassment.
Answered on Mar 24th, 2014 at 3:46 PM

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