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.

Jose hernandez (not verified)

Hi my name is Jose I try making my payment on my car. Before the 120 days. They made me belive that they took, the entire payment . To be up to date . But they didn't and then charge off my account please I need help.

Tue, 03/20/2018 - 17:23 Permalink
Jose hernandez (not verified)

Hi my name is Jose I try making my payment on my car. Before the 120 days. They made me belive that they took, the entire payment . To be up to date . But they didn't and then charge off my account please I need help.

Tue, 03/20/2018 - 17:24 Permalink
frank bensin (not verified)

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Sat, 03/24/2018 - 01:11 Permalink
Anonymous (not verified)

I am 45 days behind on my balloon payment to Honda finance I owe 2700$ I believe they will reposess the car now

Thu, 04/05/2018 - 18:48 Permalink
Yaya (not verified)

I am unable to trade in my car that shows as a charge off? I have been making payments every month to my lien holder. They have their own in house collections. I am trying to reduce my debt so I can purchase a house. What options do I have?

Fri, 04/06/2018 - 16:51 Permalink
lurker bob (not verified)

I have a loan from my creditor for a vehicle loan that I am sure is a charge off. The car is still in my possession. I sent an affidavit of good faith and proof of claim as well as a notice of acceptance upon proof. I also sent a tender of payment. I have yet to hear back from them. If they deny my tender of payment that voids the debt am I correct? and did I proceed in the correct manner if me being property of the united states government as of the act of 1933, declaring a national emergency and a banking holiday assign the debt the the treasury debt trust for public debt? The constitution states that all property is held by the state, and that the gov pays all its debts. I am property of the US so that makes the debt property of the Gov?

Wed, 04/18/2018 - 16:25 Permalink
Cindy Lee (not verified)

I have been 180 days behind on my payments and the charged if off but I have been making regular payments and they took the payment after they said they couldn't just take one payment at a time. So now that they took the payments I have been sending do they have the right to take my car back since I have been making them they stopped calling me

Mon, 04/23/2018 - 19:44 Permalink
mariana carrillo (not verified)

I have a lot of questions about my loss charge off loan. I still have my vehicle and its been a year and half that I had the charge off on my credit report and I was wondering when and how I can get rid of the charge off my credit can you give me advice how to do so?

Wed, 04/25/2018 - 19:21 Permalink
Jamie-lee (not verified)

I had received an irs form for a charge off on my auto loan and I don't owe the irs anything does this mean I don't have to pay my car loan the car was never picked up and I never received letters in for the company or calls from anybody before or after.

Fri, 04/27/2018 - 17:54 Permalink
Jose hernandez (not verified)

My creditor close my account before 120 day. I try making all my pass due payment. They made belive that they took my payment and they didn't. And then they told me that they decided to close my account. And then I ask them to send me a copy of the contract. And is a contract that I never sign or had any knowledge of. And the accounts was never sold. Please help

Fri, 05/04/2018 - 02:05 Permalink
Shay (not verified)

My vehicle was in involved in a car accident by a person excluded from my policy. I voluntarily gave the vehicle back. However, it is showing a charge-off of the balance of my auto loan. I'm not sure if the vehicle was sold or not. How do I address this with the bank lender?

Fri, 05/04/2018 - 04:06 Permalink
Brad a (not verified)

I have a old car loan no payment in 9 years try to surrender 5years ago they never came they did charged it off but never sued me no liens and off my credit report I want to keep car what should I do ?

Tue, 05/15/2018 - 21:30 Permalink
Juan Urtiz (not verified)

Hi! I have a question, we are trying to sell our vehicle to get rid of the loan. But our vehicle needs to get a Factory Recall done by a dealer, can a dealer reposes our vehicle? while doing the recall?

Thu, 06/28/2018 - 20:30 Permalink
Billy C Johnson Jr (not verified)

I would like to know my options My vehicle is in repossession status, but I am still in possession of the vehicle. They are now saying that they will charge it off. What are my options for paying the delinquent amount ad keeping my vehicle at the same time?

Sat, 06/30/2018 - 16:47 Permalink
Raquel Toledo (not verified)

So my car was charged off its been late for about 5months. they have not repossessed it yet. I owe about 9k. How can I get this back into good standing and keep the car. What are my options to make payments and keep the car in my possession. My loan is with wells fargo dealers services.

Tue, 07/17/2018 - 15:45 Permalink
Gayla Dickerson (not verified)

HI, LAST year I filled chapter 13 and had one car relied and another did not. In fact I was told if I played 3000 of the 16000 I owed they would consider it paid in full. After my bankruptcy I expected to receive my title free and clear yet it never happened. The bank said the insurance company the insured the loan had title and though they are not listed on said title I would have to deal with them. To make a very long story short that was an excessive in futulity!! Now my bankruptcy attorney says for 1000 he can go back to the court and get the judge to order it released.i explained all this to him before I hired him to handle my filling and expected it to be fixed by him in initial filling. So now I have a car I want to get rid of but am stuck. Please help. Thanks so much Gayle.

Tue, 07/17/2018 - 18:19 Permalink
Sherry (not verified)

We have been fighting with loan company on my car as the VIN number is incorrect on loan. Vin number was changed midsteam of my loan and never notified. The Vin Number on original loan is incorrect. They repossessed it and they could not sell it because of the mix up, so we got vehicle back. They sent me a title and letter saying my loan was paid in full with wrong VIN Number. Was driving a car with wrong Vin number, insurance papers were wrong also and we were driving with all the wrong numbers. They refused to correct anything and said they did not have to correct it. When I said how dangerous it was that we were driving with everything incorrect, they sent paperwork overnight with all the wrong information on it and told me to sign it anyway?? I had the vehicle sold for the loan amount and then they are the ones that showed us that the title and VIN did match. So I wanted everything corrected as what has happened to the car with our VIN number had it been wrecked in a flood? They would not correct anything and they didn't have to. I wanted the note changed to correct VIN number so they could not come back on me for another loan and that all my payments were applied to my car with my vin number and they refused. So I refused to pay and so about a year ago they charged off to Collection company. I can't drive my car and this is stupid. What should I do?

Thu, 07/19/2018 - 15:54 Permalink
Olivett johnson (not verified)

i have a chargenoff for a balance of 2200.00 for a auto loan but the comments where profit and loss write off. will or can the reposses the car?

Tue, 07/31/2018 - 19:11 Permalink
Sonia Ramirez (not verified)

My mom's car loan got charged off today. From US Bank. What istje process for it now? She lives in New Mexico. Can she make arrangements with the bank to pay off the back pay & keep the car still?

Tue, 07/31/2018 - 19:45 Permalink
Sonia Ramirez (not verified)

My mom's car loan got charged off today. From US Bank. What istje process for it now? She lives in New Mexico. Can she make arrangements with the bank to pay off the back pay & keep the car still?

Tue, 07/31/2018 - 19:46 Permalink
Amy3385 (not verified)

So my question is what if you been in a car accident and the insurance company totaled your car who would get the insurance check

Fri, 08/17/2018 - 13:44 Permalink
Amy3385 (not verified)

So my question is what if you been in a car accident and the insurance company totaled your car who would get the insurance check

Fri, 08/17/2018 - 13:47 Permalink
Jaylllll (not verified)

After my loan is charged off by bank : without repossession will they still be looking to repossess the vehicle ?

Sat, 08/18/2018 - 02:03 Permalink
Janeil (not verified)

My car was reposted last night. It was charges off 2 months ago. I don’t Waankeep
My car... I’ll
Make the entire payment of the loan.. can I get it back?

Mon, 08/27/2018 - 01:44 Permalink
Janeil (not verified)

My car was reposted last night. It was charges off 2 months ago. I don’t Waankeep
My car... I’ll
Make the entire payment of the loan.. can I get it back?

Mon, 08/27/2018 - 01:44 Permalink
Eddie Tyler (not verified)

So if the vehicle goes to charge off status and I still have the vehicle, would it still be possible to trade it in?

Sat, 09/01/2018 - 03:40 Permalink
Eddie Tyler (not verified)

So if the vehicle goes to charge off status and I still have the vehicle, would it still be possible to trade it in?

Sat, 09/01/2018 - 03:45 Permalink
ricky richardson (not verified)

my car loan was charged off while I was on a combat deployment for the army, I would like to keep the car and pay the debt. how would I go about doing that?

Thu, 09/06/2018 - 23:03 Permalink
Ann oliver (not verified)

Santander put a charge off on my truck in April did not notified me I call them they often a payoff of 12500.00 I ask them what kind of payment would be on that much they tod me 756.00 no way I o afford that can't borrow any at the banks because of them what do I do

Wed, 10/17/2018 - 03:35 Permalink
MicheleS (not verified)

I have a car loan through Wells Fargo I’ve had it since 2015 after a few months I went through a job loss and divorce I was in financial trouble I haven’t made a payment since March 2016 I’ve had a lot of medical issues and just this past April was approved for ssi I called Wells Fargo in August to see if I could work something out the numbers she grew at me were to much for me the car is 14 years old and she said they don’t want the car the car doesn’t even run but I would like to get it running and I told her I moved out of the state I purchased it at and I told her that too. I told her all I could afford is $100 a month and really I could t afford that either and she said ms why don’t you just wait it out we are going to release the title after 36 months you only have 6 months to go. Has anyone ever heard of this? She was really nice and sympathetic for my situation. I need to get it registered where I am living and I told her I would like to but don’t have any of my paper work so she sent me a copy of the original registration form that I signed. They don’t call me they don’t send letters they never tried to take the car. I don’t have my original contract with them I think maybe I was one of the people getting charged car insurance with Wells Fargo do you think that’s why they are just letting it go?

Thu, 10/18/2018 - 14:08 Permalink
MicheleS (not verified)

I have a car loan through Wells Fargo I’ve had it since 2015 after a few months I went through a job loss and divorce I was in financial trouble I haven’t made a payment since March 2016 I’ve had a lot of medical issues and just this past April was approved for ssi I called Wells Fargo in August to see if I could work something out the numbers she grew at me were to much for me the car is 14 years old and she said they don’t want the car the car doesn’t even run but I would like to get it running and I told her I moved out of the state I purchased it at and I told her that too. I told her all I could afford is $100 a month and really I could t afford that either and she said ms why don’t you just wait it out we are going to release the title after 36 months you only have 6 months to go. Has anyone ever heard of this? She was really nice and sympathetic for my situation. I need to get it registered where I am living and I told her I would like to but don’t have any of my paper work so she sent me a copy of the original registration form that I signed. They don’t call me they don’t send letters they never tried to take the car. I don’t have my original contract with them I think maybe I was one of the people getting charged car insurance with Wells Fargo do you think that’s why they are just letting it go?

Thu, 10/18/2018 - 14:16 Permalink
MicheleS12 (not verified)

I have a car loan through Wells Fargo I’ve had it since 2015 after a few months I went through a job loss and divorce I was in financial trouble I haven’t made a payment since March 2016 I’ve had a lot of medical issues and just this past April was approved for ssi I called Wells Fargo in August to see if I could work something out the numbers she grew at me were to much for me the car is 14 years old and she said they don’t want the car the car doesn’t even run but I would like to get it running and I told her I moved out of the state I purchased it at and I told her that too. I told her all I could afford is $100 a month and really I could t afford that either and she said ms why don’t you just wait it out we are going to release the title after 36 months you only have 6 months to go. Has anyone ever heard of this? She was really nice and sympathetic for my situation. I need to get it registered where I am living and I told her I would like to but don’t have any of my paper work so she sent me a copy of the original registration form that I signed. They don’t call me they don’t send letters they never tried to take the car. I don’t have my original contract with them I think maybe I was one of the people getting charged car insurance with Wells Fargo do you think that’s why they are just letting it go?

Thu, 10/18/2018 - 14:18 Permalink
Benson Billy (not verified)

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Mon, 10/22/2018 - 00:00 Permalink
Eugene Mathews (not verified)

My car was repossed in August and im trying to get a document from the credit company stating the information about date when car was repossed for the Motor Vehicle compliance of non-use. MVA requires an official documentation letter head not my word regarding this matter

Tue, 10/23/2018 - 15:43 Permalink
Sophia Alfie (not verified)

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Thu, 10/25/2018 - 16:01 Permalink
timmbuck2 (not verified)

My car loan was charged off 3+ years ago, they never repossessed it. I would like to keep it and pay it off and remove the charge off. Do I have any options? Don't want to wake the sleeping dog, but would like to get this off my credit report (trying to get a mortgage) but would like to keep the truck if possible. Loan was only $12k, truck is still worth about that much. Thanks

Mon, 10/29/2018 - 19:17 Permalink
donald allan (not verified)

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Wed, 10/31/2018 - 13:15 Permalink
Valerie (not verified)

I still have my car, i can no longer make the big payment on it..how do I even ask for a Modification Agreemeny

Tue, 11/13/2018 - 02:55 Permalink
Breonca Wilson (not verified)

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Wed, 11/14/2018 - 23:55 Permalink
Fred (not verified)

Upon my first delayed payment I called to ask for a modification to my loan and I was denied denied and as I tried again denied again. I have made several attempts to make payment arrangements to help catch up with my past dues and I am being told they are unable to help. Is there an office or number I can call? Is there a consumer help center as there is for homeowners? This is not right.

Thu, 11/15/2018 - 07:22 Permalink
Amanda04 (not verified)

I was wondering what my options are about retrieving my repossessed vehicle after my bank has charged off my loan. I live in Michigan, and I was only 90 days late on payments. I had contacted my bank to make small payments until I caught up, and they told me that if I did that, it would not be in the repossession process as long as I continued to pay. I did that, and the car was still repossessed. It is now at a lot and the bank is telling me my only option is to pay the $16,000 the car is worth in full in order to retrieve it. I do not have that money to pay. Since I was continuously given wrong information from my bank, I wanted to know if there was a way for then to reverse the charge off so I can retrieve my car, and pay off the late payments I still owe them.

Fri, 11/23/2018 - 17:01 Permalink
frederick@isee… (not verified)

I want to keep the car, but I didn't know the bank Charged-Off my car loan. How can I keep the car?

Mon, 11/26/2018 - 05:21 Permalink
Lanakay (not verified)

I’ve defaulted on my car loan, and only owe a remainder of $4000 on it, however they are still handing it over to the “charge off” department.
I’m willing to arrange a payment plan, and I want to kee my car. Do you think they will/can do that? They attempted to repo but I guess maybe I wasn’t home. Anyway, I want to keep my car as well as continue to make payments and get paid off. Do you have any suggestions or advice on what I should say/ask for? I just don’t want them to take my car, nor have a charge off on my credit bc I’m willing to set up payment arrangements. Thank you!!!

Tue, 12/04/2018 - 16:36 Permalink
markmach (not verified)

My lender has charged off my truck, but says I can still make a payment arrangement and keep the truck. Is this true or are they just trying to get money before they report it.
Thanks , Mark from louisiana

Wed, 12/05/2018 - 03:08 Permalink