I am up side down on a motor home loan by $40,000 and I have tried for7 years to get it sold, am I able to give it back to the loan agency?

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I am up side down on a motor home loan by $40,000 and I have tried for7 years to get it sold, am I able to give it back to the loan agency?

I need to lower my debt ratio in order to refinance my home. If I could get out from under the motor home loan I would be OK. I have put it on consignment at three different retailers, put it in the RV Trader but nothing. What do I risk by giving it back to the bank?

Asked on September 8, 2011 under Bankruptcy Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The problem is, the bank doesn't have to take it--or rather, the bank doesn't have to take it in full satisfaction of the debt.

You owe the bank a certain amount of money; they are entitled to that. They have the right to reposses the motor home if you default or don't pay, but that is simply one way to get the money they are owed. If, for example, you default and they reposses, say they then sell the motor home at auction and get $40k less than you owe (the $40k you're upside down by). In that case, they are entitled to sue you, if they wanted, for the $40k you still owe.

So the bank does not have to accept a motor home worth $40k less than the debt as payment of the debt; they are allowed to hold out for everything you owe. You can and should try to negotiate with the bank--maybe they'll choose to accept the motor home in satisfaction, or maybe the motor home plus $10k--but it's their choice; you can't make them take the motor home and wipe out your debt.


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