Capital One Auto Financing husband died company said too bad ripoff Long Beach California

You said "you can not sell something that is not yours" implying that the vehicle is not the property of the original poster.

There is a difference between ownership rights and lien rights. The vehicle belongs to the original poster, but there is a lien on the vehicle for the original amount of the loan. The lender holds the title to ensure the borrower pays off the loan. This is normal in any transaction where the vehicle owner had to borrow the money in order to purchase the vehicle and the vehicle is collateral for the loan.  It does not mean the poster does not own the vehicle. It does mean the loan has to be paid off before it can be transferred to a new owner.

You can sell the vehicle with a loan on it, but you have to pay off the loan at or before the time of transfer in order to properly get the title to transfer to the new buyer. The only thing that would hold the original poster back from selling the vehicle is its current value. If the new sales price is less than the outstanding balance of the loan, then the current owner would have to come up with the difference in order to sell the vehicle.

As to the rest of the original post: yes, if the vehicle is repossessed than whoever signed the loan is responsible for repayment of the outstanding differrence between the auction value and the balance of the loan + costs to repossess and sell the vehicle. If the OP's husband was the only one on the loan, then the debt becomes part of his estate. The OP should seek the cousel of an attorney to handle the estate and to answer questions about handling her husband's estate.

Although it is true that you can obtain Credit Life on an auto loan, I do believe that if you are over a certain age, you must purchase it on your own.  If this lady could not afford the payments on the vehicle, then she probably could not afford the Credit Life Insurance either.  Capitol One does not seem willing to work with their customers.  They do not refinance. The customer service rep said, " I would suggest that you try to sell the car yourself," It is my understanding that you cannot sell something that is not in fact yours.  Since Capitol One holds the title on said vehicle until it is paid off, I doubt if they would allow you to sell it.   Anyway good luck with them.  I found that when I called them, I usually ended up speaking with someone in India, or at least with an Indian accent.  Be that as it may, I hope you can resolve your situation.  Capitol One won't help anyone, it does not just apply to widows believe me.

Just because they sue you and get a judgement does not mean they will ever get thier money.  How are they going to make you pay, all they can do is get a judgement and ding your credit for 7 years, LIFE GOES ON AND THEY STILL DO NOT GET THIER MONEY.

I am not sure about where this poster lives, but here in Texas, which is a debtors state, they can't garnish your wages for anything but child support and taxes, so here they pretty powerless.

In seven years.  That is the staue of limitations on any debt. 

Of course its a tragedy the woman lost her spouse...nobody should deny that.

However, the contract is still a contract.  "Good luck on collecting"?  Reyna's way is why sub prime customers exist.  A repo DOES NOT MAKE THE BALANCE MAGICALLY GO AWAY!  If you are going to forget anything, forget the subprime "thinking" of Reyna.  They will sue you for the contract amount!  You are still on the hook!  It does NOT go away.

But more important, are you on the contract or just your husband?  If just your husband is on the contract then I urge you to run this by an attorney to see exactly what the estate laws are in your state. 

The reason they won't "work" with you is they hear those things all the time.  It could be once you fax them proof of your husband's death, that might motivate them to do something. 

You have done nothing wrong, ignore the other response.  People like her are just like capital one, they have no heart.  I am sorry you lost your husband, all capital one cares about is money.  They are a heartless corporation, there is no law that says they can't refinance the vehicle, they choose not too because they do not want to help people.  Give them the car back and tell them good luck trying to collect the difference.  They can't get blood out of a turnip.

They never offered credit life to us & since I never bought a new car before I did'nt even know there was such a thing as credit life. No it was never offered to us. With a 68 yr old husband at the time we bought it I would have said yes.

I'm sorry to hear your husband passed away. With that said, it's not capital one's fault you are unable to pay for the vehicle. When you bought the vehicle the dealer would have offered you or your husband credit life. If, in the event of one of you passing away, the vehicle is paid off. It normally cost a few bucks a month. Now I dislike car dealers and really dislike add-on sales. If he had some other type of life insurance, that would have covered the cost of the vehicle. But I guess he had neither. Probably your best bet is to try and sell it yourself. You'll take a loss because you are upside down but the loss will be less then if they do repo it and sell it at auction. If not, just turn it in. The worst they'll do is ding your credit for a few years. Good luck.