How Bad Is a Voluntary Repossession?
Considering a voluntary car repossession? Gain a clear understanding of its significant, lasting effects on your financial health.
Considering a voluntary car repossession? Gain a clear understanding of its significant, lasting effects on your financial health.
A voluntary repossession occurs when a borrower proactively returns a vehicle to a lender because they can no longer afford the monthly payments. This action is distinct from an involuntary repossession, where the lender takes possession of the vehicle without the borrower’s direct cooperation. While it might seem like a less severe option than waiting for the vehicle to be seized, a voluntary repossession still carries significant implications for a borrower’s financial standing.
A voluntary repossession significantly harms credit. Lenders report the repossession to the three major credit bureaus—Equifax, Experian, and TransUnion. This negative mark indicates a failure to fulfill loan terms, reflecting negatively on payment history. Such an event can cause a substantial drop in credit scores (50-150 points or more), depending on prior credit history.
The repossession remains on a credit report for seven years from the original delinquency, impacting the ability to secure new credit. This makes it challenging to obtain favorable interest rates on future loans, such as car loans or mortgages. Lenders may view the individual as a higher risk, leading to higher interest rates or credit denial. Securing new credit cards, renting an apartment, or obtaining certain types of insurance may also become more difficult.
The severity of the credit score impact varies based on the borrower’s overall credit profile and the outstanding balance. The negative impact is comparable to an involuntary repossession because the loan obligation was not met. This signals default to future creditors, a major factor in credit scoring. Rebuilding a strong credit profile requires diligent effort over an extended period.
Borrowers often remain responsible for a “deficiency balance” after a voluntary repossession. This is the difference between the outstanding loan amount and the proceeds the lender receives from selling the repossessed vehicle, less any associated costs. For example, if a borrower owes $15,000 on a vehicle and the lender sells it for $10,000, there is a $5,000 gap that the borrower may still owe. The sales price for repossessed vehicles, often sold at auction, is frequently below market value.
Various fees and expenses are added to this deficiency balance. These can include costs incurred by the lender for the repossession itself, such as towing, transport, storage, and reconditioning. Auction fees and legal expenses also contribute to the final amount owed. These charges can significantly increase the total deficiency balance.
Lenders can pursue collection of this deficiency balance. They may first attempt direct collection through their internal department. If unsuccessful, the debt may be sold to a third-party collection agency. The lender or agency may initiate legal action to obtain a judgment against the borrower. A judgment can lead to wage garnishment, bank account levies, or property liens, depending on state laws.
The process begins when the borrower contacts their lender to express inability to make payments and intent to return the vehicle. This initial communication formally initiates the voluntary surrender. The lender will then provide instructions on how to proceed, which may vary depending on their specific policies and the vehicle’s location.
Arrangements are made for the vehicle’s return. The lender might instruct the borrower to deliver the vehicle to a specific dealership, a designated repossession lot, or a local branch office. In some cases, the lender may arrange for a tow truck or agent to pick up the vehicle from a specified location. Before handover, the borrower should remove all personal belongings, as the lender is not responsible for items left inside.
Upon handover, the borrower may be asked to sign a voluntary surrender agreement. The lender takes possession of the vehicle and inspects its condition. Following inspection, the lender sells the vehicle, often through a public auction or private sale, to recover the outstanding loan balance. After the sale, the lender sends a written notice detailing the sale price and any remaining deficiency balance. This notice often includes information about how the borrower can pay the remaining debt. Borrowers should retain all related correspondence and documentation, including the surrender agreement and sale notices, for their records.