• Report: #1059167

Complaint Review: Ford Motor Credit

  • Submitted: Fri, June 14, 2013
  • Updated: Fri, June 14, 2013

  • Reported By: Mike — Lakeland Florida
Ford Motor Credit
P.O. 6508 Mesa, Arizona USA

Ford Motor Credit After Bankruptcy payoff in my name (with letter AND Title from Ford saying the vehicle is payed off) Ford Credit says wife owes. Mesa Arizona

*Author of original report: To Robert

*Consumer Comment: Bankruptcy

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 I payed off my bankruptcy in February 2013, I recieved a letter from Ford stating that the car was payed off and nothing else was owed. The title was included with the lien released as payed in full. Today my wife recived a letter stating that SHE owed $1475 on the vehicle. I called them and was first given the run around, they gave me two different phone #s and 3 different extentions. When I finally reached someone, her name was Alice. I explained that I had both a letter AND title stating that the car was payed off in full, and that the lien has been released with no more interest in the vehicle. She said that I was the one cleared of the backruptcy, that I owe nothing more, but my wife still owes the money. I told her BOTH of our names are on the title and it is a clean title. Not to mention the letter from Ford stating that no more was owed on the vehicle.


This report was posted on Ripoff Report on 06/14/2013 11:12 AM and is a permanent record located here: http://www.ripoffreport.com/r/Ford-Motor-Credit/Mesa-Arizona-85216-6508/Ford-Motor-Credit-After-Bankruptcy-payoff-in-my-name-with-letter-AND-Title-from-Ford-sa-1059167. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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#1 Author of original report

To Robert

AUTHOR: Mike - ()

 Yes, I did have a lawyer, i'm calling him on Monday since they are closed for the day.

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#2 Consumer Comment

Bankruptcy

AUTHOR: Robert - ()

If the Bankruptcy is in YOUR name only, it does not absolve your wife's obligation from any debt.  In cases where you are both liable, once your BK is discharged you are no longer liable, but your wife still is.  So by the Bankruptcy laws..your wife is the one who becomes soly responsible for the debt.  Your wife DOES NOT get the benefit of a Bankruptcy unless she had actually claimed Bankruptcy with you as well.

Now, whether or not the letter and/or title were released in error is another matter, and then if this error means you get to keep the car without making a single additional payment.  For this you MUST contact your BK lawyer to find out what the true status is.  It could be a possiblity that in order to change the title they had to release that title with both names, but then "cancel" that one and re-issue a title with your wife's name only.  It could also be a case that your title got switched to another company or division(I believe that Ford has a separate BK division) and as far as one division was concerned the loan was paid off, but the other that actually holds the note still says you owe the money.  So the title you got may actually be invalid.    


The other issue is that a Auto Loan is SECURED.  That means that in a BK it becomes a case of either just turning the car back in and walking away, or continuing to pay off the loan under the BK until it is paid off.   But again in your case..only you could "walk away" as a Co-signer/joint loan your wife then becomes the responsible party.

Once again, only a lawyer can give you specific answers to this question, and your BK lawyer is probably the best because they are familiar with your case.   But just based on what you have written it sounds as if you may be mistaken.  If you didn't have a lawyer..then this may explain your current situation and you should find one ASAP.

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