How to keep the car when an auto loan is charged off

Submitted by justin.oscar on Wed, 06/03/2009 - 07:48
Forums

Your car loan is charged off when you have been delinquent on your account for 180 days. The lender writes off this debt as a loss, as they realize that the debt won't be paid. An auto loan charge-off is a negative mark on your credit report and it hurts your credit score. A loan charge-off does not mean that the loan has been forgiven, and you are still obligated to pay the debt. The interest and late payments will continue to accrue. Generally a charged off debt is handed over to a collection agency.

Can you keep the car after charge-off?

You can keep your car after the charge-off only if you pay off the debt. The lender won't release the lien on the car until the loan is repaid. The car can be repossessed if you do not pay off the debt. Even if the lender does not seize the car, you won't be able to sell it or refinance it. Moreover, you are still liable to pay off the debt even though you have lost your car.

However, repossession laws differ according to the state you live in. Thus, you need to know your state law regarding car repossession. Some states allow the lender to seize your car without notice at any time after you fail to make the payments on your car loan. But, most of the states have a breach of peace regulations on car repossession. If the individuals repossessing your car commit a breach of the peace while seizing your car, your lender may have to pay a penalty and the repossession may be temporarily halted.

How to handle an auto loan charge-off

If you want to keep your car and remove the charge-off from your credit report, you will have to negotiate a payment plan with your lender. Make sure you get the payment agreement in writing. Once you pay off the debt, you may get the car back. As for the charge-off, you will have to negotiate a Pay for delete Agreement (PFD) with your lender to remove the charge-off from your credit report. A charge-off will be considered a negative listing on your credit report, which will cause creditors and lenders to deny you credit. Therefore, it is better to try and remove the charge-off with a PFD if the lender will agree.

The best way to prevent your car from being repossessed is to repay the loan. There are several options, like a loan modification agreement, available to consumers who wish to keep their vehicles.

fedup (not verified)

I have a car that was charged off back in 2014. I filed BR in 2013 but the car was not included, but it was showing up on my credit report as included in the BR. I called and told them it had been on my credit report for about 2 years and that all my payments were not going to my benefit so I told them to come take the car on several occasions but they have not contacted me since. It was in an accident and totaled what happens now?

Tue, 02/21/2017 - 19:04 Permalink
Laura feabxia (not verified)

My car was suppose. to be paid in October it was charge off in February2017. I owe 3000 left I agree to pay 1000 on 17 of March they accept the 1000 but not accept the 17. They want repo my car. I need my car. What can I do to stop repo and do you know how long it takes before the repo man comes . a lot of my late paying is from sickness and in the Hosipal

Sun, 03/05/2017 - 21:37 Permalink
Brenda Dotson (not verified)

i just got off the phone with the car people and they say the car is up for repo then they asked do i want surrender the vehical

Wed, 03/08/2017 - 17:19 Permalink
Rjpl*********** (not verified)

If I keep the charge off car but still made payments would the finance company still except the payment

Tue, 03/14/2017 - 21:46 Permalink
Flame Finess (not verified)

I live in a secured apt building that requires you to have a key fob to get in our secured garage. So the tow truck followed someone into our garage and repoed my car which is private property at 10:pm at night I live in Texas isn't this a violation of breach of peace law?

Thu, 04/13/2017 - 05:47 Permalink
natasha (not verified)

I have an auto charge-off for $40,000 on a(10 year old) vehicle that the company never repossessed that has been on my property for 5 years now. Can i do a (PFD) myself and negotiate since they never came to get the vehicle or should i hire an attorney?

Sat, 04/15/2017 - 15:37 Permalink
shanika (not verified)

Can you keep your car if the bank charges it off

Wed, 05/10/2017 - 16:51 Permalink
Robinlarae (not verified)

My car was purchased from a shady dealership in Sacramento,Ca.Credit max. My csr is a 2008 pontiac.Ive had it now for 5 years. Ive had 7 recalls on my car. 1 major gas leak. I fell behind in my payments but was paying tgem to catch up. My credit now says charge off. Can I still pay on it or negotiate a lower price for my car?.

Sun, 06/04/2017 - 07:23 Permalink
Sherry (not verified)

Purchased 2004 car 7/31/2008. High interest bad loan. Paid for awhile. Could not afford. Balance due was 2681.47. Charged off 9/30/2015. Just repossessed car July 2017. Waiting for auction sale. On letter from bank (Santander) showing like the repo was based on months of missed payments this year when they charged it off two years ago. Also reported on credit report this way. In addition showing additional accrual of 1,084.01 stating that this fee never was part of charge off because I still had the car and not that it is repossessed those fees have been reinstated after the charge off amount. Never got a monthly bill stating accrual and it was never mentioned in any settlement letters that this was an outstanding fee.

Mon, 07/17/2017 - 18:33 Permalink
brenda harris (not verified)

I owe 500.00 on my car I agree to pay it off n 1 month. Can they still repossess my car?

Mon, 07/31/2017 - 22:06 Permalink
Lori D (not verified)

Hello,
My car loan shows thru the company as charge off and closed account it has been over a yr that way. I CONTINUE TO PAY WHAT I can afford, monthly. I have NEVER been contacted from the company ever, and thru payments make certain they have all my info, wouldnt they have repoed by now?

Sat, 08/12/2017 - 17:38 Permalink
Margaret Daniels (not verified)

I have a charge off and I want to keep my carb, they want me to pay as much as 3000.00 a month for Four months to pay off the balance owed is there a law where I can get the payments more affordable I live in mn

Fri, 09/22/2017 - 02:04 Permalink
Davie Bethea (not verified)

Hi,
I had my vehicle financed with the bank and the vehicle was stolen after about 2 months the regular insurance company paid what they deemed the vehicle was worth which left an outstanding balance which should have been covered by GAP insurance but GAP refused to pay stating that the vehicle was used for commercial purposes and insured by a commercial company I have been in constant contact with the bank and several lawyers and have informed the bank that I plan to sue either GAP insurance or the dealership for knowingly selling me a product that I would not be able to use in the mean time the bank has charged off the loan and my credit has taken a major hit. I thought as long as there is a lawsuit pending they could not charge off the account is this correct?

Mon, 10/09/2017 - 19:06 Permalink
Ronny Garcia (not verified)

I was in a bankruptcy case but i was dismissed from it due to me getting hurt from work and could not make payments... But on my credit my vehicle is on there as a charge off how do i go about keeping my vehicle without anyone trying to pick it up from me.I should be receiving my benifits here within the month.Workers Compensation has approved benifits and i recently had surgery done to left knee ACL tear.

Tue, 10/10/2017 - 18:31 Permalink
Luis mendoza (not verified)

I spoke with my bank about the charge off and they told me that theirs nothing they can’t do . But I still have the car . They don’t call or even want to work out anything with me . What are my options . They did tell me that the loan just baerly got charge off with them .

Thu, 10/26/2017 - 01:41 Permalink
Niema Gray (not verified)

If the car has been repossessed and the auto loan charged off can I get the car back through a chapter 13 bankruptcy if it has not been sold ?

Thu, 11/02/2017 - 19:39 Permalink
Matilda Brooks (not verified)

I live in Ohio. In Ohio 130 days delinquent. I tried to pay the past due but the auto lender said its too late since the car has been taken. U
Is that true?

Tue, 11/14/2017 - 02:53 Permalink
Sharon (not verified)

Please advise how I can avoid repossession of my vehicle that has a payoff of $6500. Currently, I am disabled and have been dealing with financial challenges. Yet, I do not want to lose my vehicle to repossession. Please advise me if there are any steps I can take to avoid this from happening. Diligently trying to come up with the funding to avoid repo. Please help!

Mon, 12/04/2017 - 12:22 Permalink
savannah (not verified)

i have cosigned for someone that didnt pay for the car well can i crush it and not be introuble btw we live in tn.

Mon, 12/11/2017 - 17:51 Permalink
James Smith (not verified)

I bought a new truck,one year after I got married. My wife ran off with my new truck and hid it for three years. I got the truck back in my divorce. The truck is totally destroyed. I contacted the bank to inform them that i have the truck back now, the refuse to come pick the truck up, what should I do?

Wed, 12/27/2017 - 12:08 Permalink
A. Ruffin (not verified)

7 months behind on vehicle loan. Lender says vehicle loan was sent for collections then repossession (unsuccessful) and now the loan is charged off and pending to go to the attorney office for suit.
Borrower is trying to reinstate loan with all back payments and few months ahead payments as good faith.
Can the lender continue to pursue repossession once it goes to the attorney office as it has been charged off? The borrower is willing to enter payment arrangements with the attorney office to pay in full in order to keep the vehicle.
Maryland

Thu, 12/28/2017 - 17:11 Permalink
A. Ruffin (not verified)

7 months behind on vehicle loan. Lender says vehicle loan was sent for collections then repossession (unsuccessful) and now the loan is charged off and pending to go to the attorney office for suit.
Borrower is trying to reinstate loan with all back payments and few months ahead payments as good faith.
Can the lender continue to pursue repossession once it goes to the attorney office as it has been charged off? The borrower is willing to enter payment arrangements with the attorney office to pay in full in order to keep the vehicle.
Maryland

Thu, 12/28/2017 - 17:11 Permalink
A. Ruffin (not verified)

7 months behind on vehicle loan. Lender says vehicle loan was sent for collections then repossession (unsuccessful) and now the loan is charged off and pending to go to the attorney office for suit.
Borrower is trying to reinstate loan with all back payments and few months ahead payments as good faith.
Can the lender continue to pursue repossession once it goes to the attorney office as it has been charged off? The borrower is willing to enter payment arrangements with the attorney office to pay in full in order to keep the vehicle.
Maryland

Thu, 12/28/2017 - 17:12 Permalink
Dawg (not verified)

In 2015 I lost a very good high paying job with a local utility company 7 months later my wife passed away I had just recently bought her a car and did not have the finances to pay for it and was trying to find a job and keep my vehicle after my wife passed away I was in able to find employment I am now working and would love to keep my car I am in such a Financial hardship I don't know what to do I know they are going to still hold me liable for my car loan and I just want to keep my car if I have to pay my wife did all of our financial needs and I don't know what to do I am lost if any suggestions please let me know

Sun, 01/07/2018 - 22:51 Permalink
dezzypooh43 (not verified)

Car loan charged off in the state of Alabama. No repo! What should I do. I was still making payments trying to catch up

Mon, 01/08/2018 - 04:14 Permalink
Ryan8456 (not verified)

Isn't deleting a negative credit mark for payment a breach of the Fair Credit Reporting Act? I am under the impression that the lender can adjust the mark to show as paid in full or settled in full, but deleting the mark for payment seems unfair and unethical.

Tue, 01/09/2018 - 21:52 Permalink
christopher barnes (not verified)

I still have my car and the lender is refusing any repayment option in writing. I want to keep my car and im working so i can make payments i just cant get anything in writing? Is there anyone who can help me i live Near Kalamazoo Michigan

Sat, 01/13/2018 - 17:38 Permalink
christopher barnes (not verified)

I still have my car and the lender is refusing any repayment option in writing. I want to keep my car and im working so i can make payments i just cant get anything in writing? Is there anyone who can help me i live Near Kalamazoo Michigan

Sat, 01/13/2018 - 17:44 Permalink
Anita (not verified)

I just found out on credit karma that my car is charged off and believe it is now in collections. I owe approx. $6000 but my car is worth $500. Is there room for negotiation to pay half of my debt? or if I trade would the new lender pay my charge off and roll over the $6000 into my new loan? Or is it best to pay off the charge off first? Last, what are my chances of getting another vehicle with a credit score of 536? Thank you.

Sat, 01/20/2018 - 16:37 Permalink
gocats2017@yahoo.com (not verified)

I am down to under $3000 on my car loan. I have had a rough time and I am 67 days late. If they charge off my account, what happens

Tue, 01/23/2018 - 02:02 Permalink
Angela Nunley (not verified)

I want to keep my car,only have $2,000 to pay on it,been paying on it for 6 years almost done got behind.What is a loan modification

Sun, 01/28/2018 - 15:45 Permalink
laura idrogo (not verified)

Hi, I called chase who is who I got my car loan through and they told me as long as I made the payments off the plan we agreed to ( I did ) that they wouldn't accelerate my loan however I've since got a letter that it has been and their wanting the full payout. I called again and they said if I pay the one last month I was behind on that it'll de forgiven since its still in the early stages, is this true and possible or should I request something for proof before I do so, thanks

Tue, 01/30/2018 - 16:55 Permalink
Anonymous (not verified)

I do not have the 2,900 to pay car off. what do I do

Wed, 01/31/2018 - 20:26 Permalink
actus etienne (not verified)

I miss a few payment while my car already charged off, can the car still be repossess or can I negociate to pay it off

Thu, 02/01/2018 - 02:22 Permalink
Gwendolyn (not verified)

Our car finance company recently sent us a letter that the unpaid balance shows as a charged off-loss on their records because we did not make payments. Both me and my husband are unemployed which is why we couldn't pay. We are in the process of actively seeking employment and obviously need the vehicle, do you believe they will negotiate with us to pay lower payments and allow us to keep the car. We have never experienced this before, however we have financed and paid off several cars with this company, hoping that will count for something.

Wed, 02/07/2018 - 17:21 Permalink
louie (not verified)

What can i do to keep the car and get another week to come up with payment for past due

Thu, 02/08/2018 - 22:30 Permalink
corrina (not verified)

how to keep the vehicle after learning about the vehicle status. The leander is not willing to speak about other options. I was informed there is not negotiate only to options; 1--to pay off balance. 2. return the vehicle.

What can i do to keep the vehicle and pay on it. Please need help or suggestions..

Mon, 02/19/2018 - 20:31 Permalink
corrina (not verified)

how do i request a loan modification agreement after a car is identified as charge off.

Tue, 02/20/2018 - 15:58 Permalink
Suzy (not verified)

Hello, I had a charge off and was on my credit report for a long time . I lost my job and therefore could not make payments. After a few years The charge off was erased from my credit reports because of the time had expired. I called the original lender and told that I still had the car and they asked if I could pay the remaining debt to which I told them yes and started paying for Over two years on time but owe them 3000 now but now the car needs 8,000 in repairs and is worth 500.00 Can I ask them to take the vehicle and would they consider eliminating the debt? I need another car . Not sure if they will report this again on my credit report.

Sun, 02/25/2018 - 15:07 Permalink
frankv (not verified)

My car has been charged off put i still have the car i have the money now to get caught up on the payment can they still take my car if i send the money to them?

Thu, 03/01/2018 - 14:26 Permalink
shari williams (not verified)

my husband was murdered in his car but he was still making payments to the lender. being that the car is in evidience and he was found deceased in the car I do not want the car. so do I get any monetary payment from the car from the lender. but because I co signed for the car will this effect my credit?

Tue, 03/06/2018 - 20:55 Permalink
Jasmine Carter (not verified)

I have the money to pay off my title now, but the place i pawned it at was bought out by a different loan place. I have been delinquent. I called the new loan place they said that they can't pull up any of my information. How do I pay off my title and get it back now?

Fri, 03/09/2018 - 01:05 Permalink
Matte (not verified)

Can they repo a car with only my name on the title and no liens or anything else?

Tue, 03/13/2018 - 19:23 Permalink
Suekener (not verified)

What do you do if they don't want to work with you after the charge off has been made. and you still have your car. but they will not allow you to repay without repossession

Wed, 03/14/2018 - 00:29 Permalink