Should I Surrender My Car? The Financial Impact
Considering surrendering your car? Understand the financial impact and explore all available options before making this difficult decision.
Considering surrendering your car? Understand the financial impact and explore all available options before making this difficult decision.
When car payments become unmanageable, some individuals consider returning their vehicle to the lender. This action, broadly termed car surrender, often arises from unforeseen financial difficulties. This article clarifies what car surrender entails and its potential consequences.
Voluntary car surrender occurs when a borrower proactively contacts their lender to return a vehicle due to an inability to afford monthly payments, unlike an involuntary repossession where the lender seizes the vehicle without the borrower’s initiation after multiple missed payments. A voluntary surrender is an agreement between the borrower and the lender to resolve a defaulted loan.
This decision often stems from financial hardship, such as job loss, unexpected medical emergencies, or a sudden reduction in income. Communicating with the lender about a voluntary surrender can be a more controlled approach than waiting for a forced repossession.
Surrendering a car, even voluntarily, carries substantial financial consequences. A primary impact is a negative entry on credit reports. A voluntary surrender is reported as a “repossession” or “voluntary surrender,” which can remain on a credit report for up to seven years. This entry can lower credit scores by 100 points or more, making it difficult to secure new loans, lines of credit, or housing.
A deficiency balance is another financial obligation, representing the difference between the outstanding loan and the proceeds from selling the vehicle, usually at auction. Lenders often add various fees, such as towing, storage, reconditioning, and auction fees, which can add hundreds or thousands of dollars.
Lenders will pursue collection of this deficiency balance. Collection may involve sending the debt to a third-party agency, leading to persistent calls and letters. If unsuccessful, the lender may file a lawsuit to recover the outstanding amount. A successful lawsuit can result in a court judgment, allowing wage garnishment or bank account levies to satisfy the debt, depending on state laws.
There can also be tax implications related to a deficiency balance. If the lender forgives the deficiency balance, the forgiven amount might be considered taxable income by the Internal Revenue Service (IRS). The lender may issue IRS Form 1099-C, “Cancellation of Debt,” reporting the canceled debt as income to both the borrower and the IRS. Borrowers should consult a tax professional to understand how this might affect their annual tax liability.
Before deciding to surrender a car, exploring alternative solutions can help mitigate financial repercussions.
Selling the car privately or to a dealership can be an option. If the car’s market value is close to or exceeds the outstanding loan, selling it can allow the borrower to pay off the loan and avoid a deficiency balance. Even if the sale price is slightly less than the loan, covering the difference out-of-pocket is often less damaging than a surrender.
Refinancing the loan is another option, especially if financial hardship is temporary or interest rates have dropped. This could lower monthly payments by extending the loan term or securing a lower interest rate, making them more affordable. Eligibility depends on the borrower’s credit score and current income.
Working directly with the lender can yield solutions. Many lenders offer options for borrowers experiencing financial difficulty, such as loan modification to reduce monthly payments. Deferment or forbearance agreements might also be available, allowing a temporary pause or reduction in payments during hardship. These arrangements provide temporary relief and help borrowers avoid default.
Non-profit credit counseling agencies can provide an unbiased assessment of a borrower’s financial situation. They offer free or low-cost advice on budgeting, debt management, and exploring options to avoid default. They can help negotiate with lenders or develop a personalized debt management plan. In extreme cases, bankruptcy might be a consideration, but it is a complex legal process with its own significant financial and credit implications.
Once the decision to voluntarily surrender a vehicle has been made, the process involves several steps. First, contact the lender directly to inform them of the intent to surrender the vehicle. Inquire about specific procedures and required forms. This communication is important for a smooth process.
The lender will provide instructions for arranging the vehicle’s return. This may involve dropping the car off at a designated location, like a dealership or auction, or arranging for lender pickup. Follow these instructions carefully to ensure proper documentation.
Lenders require specific paperwork to formalize the surrender. This documentation confirms consent to return the vehicle and acknowledges understanding of potential remaining obligations, like a deficiency balance. Completing all necessary forms accurately and promptly avoids delays or misunderstandings.
Returning the vehicle in reasonable condition is advisable. Excessive wear and tear beyond normal use could result in additional charges added to the deficiency balance. Ensuring the vehicle is clean and free of personal belongings before returning it is good practice.
After the vehicle is returned and processed, request written confirmation of the surrender from the lender. This confirmation should include details about the vehicle’s return date, outstanding loan balance at surrender, and information regarding deficiency balance calculation and payment. Obtaining this documentation helps protect the borrower and provides a record.