Buying Cars – What, Where And How Of Availing Auto Loans

Many individuals send e-mails and mailers to inquire about the best way of buying a car through car buying services. The questions also include other issues such as how to find proper auto insurance, how to avail car loans, and how to avail best car loan rates. Some individuals desire to buy a cheap car to drive around and later sell it, while others want to buy a brand new car and keep it on permanent basis. We hope you find it useful.

Places to buy a car:-

New cars are generally sold by factory-authorized dealers that specialize in certain brands of cars through car finance facilities. In certain cities, big car marts offer a wide range of selection in terms of different brands of cars under a single roof, and these places offer good car finance loans. Some internet companies boast in offering the best possible price for your new car through their car loan programs. All new cars will have a summary note attached with the vehicle listing all the features and options offered by the particular model. It’s important to note that the price is usually negotiable, and that majority of the buyers always pay a lesser amount than the window sticker price. Used cars are also available from new car dealers, and from independent used car lots as well as private individuals. These places provide attractive car loan rates. Used car lots offer older vehicles at attractive prices with a limited warranty attached to the price tag.

How to find your car?

Newspapers always display advertisements for new as well as used cars offered for sale by the dealers, used car lots, and individuals wanting to dispose off their existing vehicles. The Sunday edition generally advertises the biggest selection. Many internet sites also list cars and their models for sale in various parts of the USA. In addition, car magazines present attractive adverts for used auto finance having low car loan interest rates.

Buying your car:-

The registration laws of motor vehicles keep on varying from state to state. However, most states require the owner of a motor vehicle to possess a car title or certificate stating the ownership registration with the state motor vehicle bureau. While buying your car, the seller needs to produce the car ownership papers. Generally, the buyer as well as the seller has to appear before a motor vehicle registration representative to make the sale official by signing the related papers. The state transport bureau later records the information. At the time of buying the car, whether through car loans or auto loans, the buyer is required to pay a registration fee and any sales tax for the purchase. The registration officials are available at all automobile club offices. It is not advisable to buy a car when someone offers to sell it without proper papers. Chances are you could be purchasing a stolen car.

Auto Repossession Before Bankruptcy

The other day I received a call where an individual asked me whether filing bankruptcy would allow for a car that has been repossessed to be returned. Although my response probably failed to satisfy the caller (the usual attorney response of it depends), here is what is required in California (at least how the courts have viewed the law).

Background

In most vehicle contracts the lender retains a right to repossess a vehicle if the borrower fails to make the scheduled payments. With many contracts, this repossession can be done outside of any court proceedings.

However, once an individual files for bankruptcy many of the rules change. For one, an automatic stay is implemented. This stay prevents most actions against the debtor (individual that files for bankruptcy). Specifically, the automatic stay strictly prohibits any lawsuit or repossession against a debtor that is delinquent on car loan payments. Any repossession after a bankruptcy petition is filed constitutes a violation of the automatic stay, with the repossession void and of no effect. In that case, the lender would be immediately required to return the vehicle to the debtor.

Effect of Bankruptcy on Prepetition Repossession

Section 542 of the Bankruptcy Code requires that entities in possession of “property of the bankruptcy estate” are generally required to turn the property over to either the trustee (in Chapter 7) or the debtor (in Chapter 13). This big sticking point then for this turnover requirement is determining what is “property of the estate.”

Section 541 of the Bankruptcy Code defines property of the estate. This definition includes “all legal or equitable interests of the debtor in possession as of the commencement of the case.” Basically this definition states that whatever rights the debtor has at the commencement of the case continue in bankruptcy. As for the vehicle that has been repossessed, the court has to discover what rights a debtor had when the bankruptcy case was filed.

These rights are determine by state law (California State law). Under the California Civil Code (section 2983.2), a debtor has the right to redeem a repossessed vehicle up until the date the car is sold by the repossessing lender.

Two recent cases have come to different conclusions as to whether turnover of the vehicle is required upon the filing of the bankruptcy petition. First, in a case from the Southern District of California (In re: Fitch, 1998), the bankruptcy court held that while a repossessed car is property of the estate, the right to possess the car was transferred to the lender prior to the filing of the bankruptcy petition. The court interpreted the statutes to mean that the automatic stay freezes the positions of the debtor and creditors. Thus, the lender had the right to maintain possession. The court did state that a vehicle could be returned to a debtor upon the debtor’s giving of adequate protection. In most cases adequate protection means the establishing of proof of insurance and proof that the debtor will be able to make the regular payments on the car.

In the Northern District of California (In re: Cortez, 2010), the Bankruptcy Court interpreted the Bankruptcy Code, and specifically the section on the automatic stay, to mean that a “knowing retention of estate property violates… the automatic stay.” Because a debtor has the right to redeem until the date of a sale by the lender, the vehicle remains part of the estate, and subject to turnover. In this case, the debtor provided adequate protection to the secured creditor. However, the court seemed to say that it was not necessary for turnover.

What to do?

If your car has been repossessed, and you want to make sure you retain possession, bankruptcy may be a solution if you are not able to pay the balance before a lender’s sale. However, while the Northern District seemed to state that adequate assurance is not necessary for turnover, it will ultimately be necessary to avoid a lender’s motion for relief from the automatic stay. Be prepared to show (a) insurance, (b) regular and sufficient income, and (c) an ability to pay for the vehicle.

The Need For Speed And Car Loans

These days, everyone has to have a car. Even with global warming on the rise, the demand for cars does not seem to be falling. Instead, we are seeing the development of environment-friendly cars. And people are still rushing to the stores to buy their very own set of wheels. The need for speed has become a necessity today. Snail mail is completely passé as email has taken over from it almost completely. The rise of the Internet has made speed an absolute necessity. Nobody today would walk if he had the option of flying. The twenty-first century is the age of speed.

The need for speed makes it necessary for everyone to have a car, or at least aspire towards one. Moreover, these days most of us can afford to buy a car. Auto loans have become very easy on the pocket. As a result, more and more potential car buyers are rushing to make the most of the current situation. If you own property or some other valuable asset that can act as collateral, you are lucky. Secured car loans generally offer much lower interest rates than do unsecured car loans. Thus, if you can avail of a secured loan, your repayment costs will be reduced considerably.

Of course, unsecured car loans are not necessarily a bad deal. These days, with the proliferation of loan providers on the Internet, it is quite easy to find low-priced car loans. Even people with a history of bad credit can avail of competitively priced auto loans. The loans that are offered to people with bad credit histories tend to charge higher interest rates. But with the immense competition in the field of loans these days, getting a cheap auto loan may not be too difficult.

In fact, while purchasing a car, one must take care to find the cheapest car loans possible. After all, a car will require a good deal of maintenance. You will have to fill fuel and send the car for regular servicing. Moreover, you will also have to invest in some good car insurance. As in the case of loans, cheap car insurance is not too tough to locate these days. However, you cannot just sit around and expect cheap insurance (or loans for that matter) to fall out of the sky. Instead, you must do your share of research before making the final decision on the insurance policy. Only then can one come across the best one.