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Old 03-10-2016, 03:32 PM  
Barry-xlovecam
It's 42
 
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Join Date: Jun 2010
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Even if you surrender the vehicle -- a voluntary repossession -- they could sue for a deficiency balance on the auto's (collateral's) resale price.

The dealer may be required to recourse the loan -- return the money the dealer got from the finance company.

I would contact the Nissan Motor Acceptance Corp and just say the car payments will not be made and see what they say. There are varying holder in due course laws in many states that may, or may not, affect a lender's legal rights where there is misdeed by the seller -- like a fraudulent loan application.

I do know this; Tell a lender he will not get his money back without a lot of hassle and court costs he will try to get the matter settled fast and his money back from the dealer/seller :2cents:

Nissan Motor Acceptance Corp may lean on the dealer ... Get a local lawyer to handle this. I don't know your local laws -- and don't put anything in writing or on Facebook -- delete that post immediately. Your father's down payment may be toast as liquidated damages in that contract.

We used to floor cars and finance some loans in LA years ago -- we had a CFL license (like household or beneficial finance does/did) ... been out of the business for years. The consumer protection laws are a lot more stringent maybe today, I really don't know.

I do know this; tell a lender that you will not pay and they will do what they can to get their money back from the dealer on a new loan.
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