Can we a keep a car that was claimed to be repossessed but never was?

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Can we a keep a car that was claimed to be repossessed but never was?

My brother bought a car 5 years ago and stopped making payments. His finance company sold the debt to a collection agency and the collection agency sent letters, emails and made phone calls indicating they were repossessing the car; this was in 2-3 years ago. My brother told them to come get the vehicle but they never did. Now the car has been sitting for 2 years in his driveway untouched. We checked the DMV and they say car is still in my brother’s name; there is no action pending. Is there a way to claim the vehicle since it’s apparently been abandoned or at least force someone to collect the vehicle?

Asked on February 17, 2012 under Bankruptcy Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The car has not been abandoned since legal title is in your brother's name. The debt seems to have been abandoned where security for the debt may have been the car.

Since legal title to the car is still in your brother's name and it has yet to be repossessed and no lawsuit has been filed concerning the loan for the vehicle, it would appear that your brother can do whatever he wants to do with the car since he seemingly is of record owner to it.


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