My automobile was repossessed in Massachusetts on 12/20/12, in the wee hours of the morning from the parking lot at my apartment complex. The loan was in default, so that’s not the issue. Once the car was repossessed, I never rec’d a Post-Possession Notice or, in fact, did I have any communication from either the lender or the service they used to affect the repossession; I was never able to find out where the car was to retrieve my personal belongings from the car; the plate was never returned to me as required by Mass. law; and I was never notified of the date of the sale. I just rec’d the deficiency notice for $3525, calculated by the loan balance due less proceeds at sale (sale date 3/1/13) of $5400 (car was a 2004 Volvo CX90).
Is the deficiency enforceable in light of the creditor’s failure to comply with the post-possession notice requirements? If not, I will send them a certified letter in response; if yes, I’ll call them and work something out. Any light you could shed would be most appreciated!
You should really discuss this matter with a consumer advocacy attorney that is licensed in your state. With all the violations maybe they can leverage this to lower or delete your deficiency.
I would certainly contact the Massachusetts Registry of Motor Vehicles and make darn sure your license plat was turned in and cancelled. Otherwise who knows where it is and what you could be responsible for.
To find a consumer attorney in your area, visit NACA.net.
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