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Is it illegal to hide a car from repossession in texas Form: What You Should Know
May 2, 2024 — Under federal laws, you do not have to give money to the lender in exchange for repossession. You do not have to give them your car and any other property in violation of the repo agreement. All you need is proof of where the car is. What's the difference between federal and state repossession laws? — The difference is not as clear-cut as you might think. Under federal law, if repossession is successful, if there isn't enough money to pay the debts of the lien holders (your lender) the repossession company must return the car to you. If there is enough money, repossession companies also can sell the car back to you. In Texas, state law trumps federal law. If the lender has a valid lien on the car, then the repo company does not have to return the car to the holder of the lien until the lien holder has collected more than the amount of the unpaid installment. What's the difference between a repo and a lien? — Texas laws define a repo as an action taken against property. If a car or personal property was stolen, repossession is the process by which the creditor gets possession of the property. On the other hand, a lien (which is sometimes called a security interest) is an interest which the creditor maintains in a particular property. The creditor is entitled to keep possession of that property by exercising the lien. This doesn't mean that the property will be sold if the lien holder does not pay their debts: if the holder doesn't pay, the creditor is under no obligation to release the property from the lien. What if I want my car back? What if I agree to do so? — If the creditor has not established a lien on your car, the lender must give you a notice informing you about the lien on the car. This notice must state the amount of the lien and state that the lien will be released if the property is paid, along with a date by which that property must be paid to release the lien. If the creditor does not disclose the lien and your lender then agrees to release the lien, all the lender must do then is pay the amount they agree upon. In most cases, the lender has 30 days from the time you receive the notice to return the property.
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