Archive for the ‘auto loans’ Category

When Defaulting On a Loan May Not Be Reported to a Credit Bureau


Q: I found out that my car company Chacon Auto is not reporting my credit after three years. If I voluntary give my car back can they report a repo although they do not report my credit now?

A: Thanks for writing me with your question about your car situation.

It is rare for an auto dealership that offers financing to fail to report a car loan to the credit bureaus. So at first, I wasn’t exactly sure why Chacon Auto has neglected to report your payment history to Equifax, Experian and TransUnion.

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Car Brands: Gen X and Gen Y Not as Loyal as Parents

Two new studies offer opposing ideas about what makes people loyal to specific car brands.

Researchers in the first survey conclude that younger Americans are far less likely to show brand loyalty to one automaker than are older consumers in the U.S.

Why is this? In a word: technology.

The first study, from the GfK research firm, is called the “GfK Automotive Intentions and Purchases Study.”

GfK looked at Generation X (individuals who were born between 1965 and 1980), as well as Generation Y (people born between 1981 and 1994) and found that each group is far less inclined to demonstrate automotive brand loyalty – mainly because younger adults are not necessarily as into the cars they drive as they are into technology, and things like smart phones, the Internet, or high‑tech entertainment systems at home.

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Need a New Car? Foreign Auto Makers Offer Unique Deals

By Lynnette Khalfani-Cox, The Money Coach

I find it quite interesting that more and more foreign auto makers are feeling America’s pain. And they’re trying to capitalize on the angst of the American consumer too.

Recently, Hyundai announced a new deal to ease the minds of Americans worried about layoffs. Under the deal, Hyundai will allow car buyers who get a pink slip within one year of purchasing a Hyundai to return the vehicle.

Hyundai Offers Return Policy

Hyundai offers return policy if you lose your job

Today, I heard a radio ad from Mitsubishi roasting the $700 billion federal bailout package for the financial industry. The ad said that while Congress is busy “bailing out Wall Street” and writing a check “with 12 zeros behind it,” the Japanese auto company had a bailout plan of its own for struggling consumers. Mitsubishi is offering consumers a “Zero Down” deal and financing from Mitsubishi to drive off the lot with a new car. “All you need,” the ad said, “is your signature.”

Ad Campaigns Touch a Nerve

Both the Hyundai and Mitsubishi offers are pretty savvy marketing strategies.

Hyundai’s campaign touches a nerve considering 11 million Americans are out of a job and hundreds of thousands more layoffs are expected in the next few months. Today alone, several companies announced major job cuts, totaling nearly  50,000 lost positions, including 2,000 announced layoffs at General Motors.

Mitsubishi offers a "zero-down" deal as answer to consumer bailout.

Mitsubishi offers a "zero-down" deal as answer to consumer bailout.

The Mitsubishi initiative clearly plays on the fact that most Americans did not support a bailout of the financial industry, and many also opposed billions of dollars going to American auto makers. Mitsubishi – in launching this somewhat unorthodox ad campaign – is trying of course to sell more cars. But the car maker is also trying to pose its own answer to the question millions of Americans have been asking, which is: “Where is my bailout?” Needless to say, this kind of in-your-face advertising is also taking an indirect jab at competing U.S. car makers Ford, Chrysler, and GM, all of whom went to Congress asking for money with hat in hand.

So should you buy a Hyundai or a Mitsubishi if you’re in the market for a new car? That’s up for you to decide given your own personal tastes and budget. But one thing is certain:

U.S. auto makers better act fast if they want to catch up to their foreign competitiors, and tap into Americans’ growing unease about their financial situation.

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Can I keep my car if I file for bankruptcy protection?

With so many consumers filing for bankruptcy protection or thinking about doing so, a lot of people are worried about what assets they can keep and what assets they might have to surrender if they do in fact file a chapter 7 or chapter 13 bankruptcy. So here is a question from somebody who wants to know about their car loan.

Essentially they are asking, “Can I keep my car if I file for bankruptcy protection.”

Fortunately you do have some options. I actually just read a very interesting article on this topic from Bankrate.com. It was called ‘Keeping your auto: car loans in bankruptcy‘ and essentially here is what it boils down to: You can keep your car, but to do so you have to think about the strategy that’s best for you, based on what type of chapter filing you do with the courts.

There are two primary forms of personal bankruptcy protection. There is chapter 7 and chapter 13. With the chapter 7 bankruptcy protection you essentially go in to what’s called a liquidation, where you give up certain assets at times. The upside, however, is that you are able to get a fresh start, because you can walk away from certain debts and obligations – mainly your unsecured bills.

Most consumers file for chapter 7 bankruptcy because they want to get rid of things like credit card bills, medical debts, other personal or consumer loans that they might be burdened with.

If you file a chapter 7 bankruptcy and you want to keep your car, you do have options. The three main options with regard to your car loan in chapter seven bankruptcy are these:

You can reaffirm your debt; you can redeem the car; or you can surrender the car.

Let’s take a quick look at what each one of these means. If you reaffirm the debt, you are going to sign a statement that essentially says, ‘Even though I am going into bankruptcy protection under chapter 7, I am going to reaffirm that this a obligation of mine. My car loan still does exist and I am going to maintain the car and I will agree to continue making payments on the car until I pay off the full value of what I owe on the car loan.’

So the upside there is that, in keeping your wheels, maybe you will have the chance to drive your kid to and from school. You can still go grocery shopping. You can still get out there and look for a job. You don’t have to rely on public transportation or perhaps somebody else, if you lose the car.

The downside in reaffirming a debt like an auto loan with a chapter seven bankruptcy filing is that, if you slip up and you miss those payments that car still can get repo-ed. Needless to say, that repossession could do further damage to your credit rating beyond the bankruptcy filing. Not to mention that, if you were ultimately trying to save the car and you get it repossessed in the future, it really didn’t do you much good to affirm the debt during your bankruptcy.

So you only want to reaffirm the debt if you are absolutely sure that the chapter 7 filing will give you enough financial relief to wipe out all your other debts, and give you enough cash flow to be able to pay that car.

Sometimes though when you have a car that’s part of your overall financial burden, it might make better sense to either surrender that car and just let it go. When you surrender the car, obviously you are giving up the vehicle, but you are also giving up that financial obligation. You are including that auto loan in the bankruptcy and you are no longer responsible for making those payments on the car.

Redeeming the car, as I mentioned, is a third option. But frankly, I don’t think it’s a realistic, viable option for most consumers. Redeeming the car basically means, “OK. I’m going to come with all the money that I owe. I’m going to pay off the lender in full.”, Your auto finance company might be Toyota, Honda, Ford, or whoever. You have to pay off the entire car balance owed in one lump-sum, and then your car would not be included in your bankruptcy.

But my thinking is: by the time you’re going in to bankruptcy court, you are already pretty broke. So if you had the money to offer a lump-sum in order to redeem the car, you probably would have done it by now.

And frankly, even if you did have the money — say a friend or family member loaned you the money for a lump-sum — that probably wouldn’t be the best use of your cash. That money would probably be best put to other uses.

So that’s it for chapter 7 bankruptcy and keeping your car.

The other form of bankruptcy, chapter 13, also does give you the option to keep your car and in this form of bankruptcy it depends on how old the car is. Now, remember, unlike a chapter 7, where you liquidate or you walk away from debts, with a chapter 13, which is also known as a Wage Earner’s Plan, you do have to actually repay some or all of your debts.

With a chapter 13, first you have to show the courts that you have a job. That’s why they call it a Wage Earner’s plan. You have to show that you have some steady stream of income, so that you can afford to repay some of your debts. You repay it over a course of three to five years.

Now, specifically with that car loan, I said that it depends on the time. Let’s start with those of you who have newer car loans — and by “newer” I mean roughly 2 1/2 years or younger; 2 1/2 years or newer. Specifically, the court says if the vehicle loan is 910 days old or less, then the amount that you have to repay if you want to keep that car loan in a chapter 13 bankruptcy is the full value of the car loan.

So again the upside is: you get to keep that car. But you’ve got to pay off everything that you owed in full to your auto finance company.

Now, if you have an older car loan, more than 2 1/2 years old (more than 910 days), then the courts actually do something different. They will take a look at the car’s current fair market value and then they’ll give you a prorated payment plan based on today’s value, in terms of how much the car is actually worth in today’s marketplace.

So think about what happens when you buy a car. You know of course that when you get a new car, as soon as you drive that automobile off the lot, it depreciates in value. So depending on the make and model of the vehicle, the care with which you kept your car and how well you maintained it, your car could be worth significantly less in today’s fair market than it was when you bought it, say 3 years or 3 1/2 years ago.

So if you have that older car loan and you do want to keep the car, that’s a very viable and a good option. The benefit for you is that your payment is almost surely going to be decreased, because it is going to be based on that prorated amount versus what the car was originally worth. You’re really going to be looking at repaying a car loan based on today’s current market value. And if you’re in repaying your debts in a bankruptcy proceeding, that extra cash flow will be helpful.

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All information on this blog is for educational purposes only.  

Lynnette Khalfani-Cox, The Money Coach, is not a certified financial planner, registered investment adviser, or attorney.

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