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Need help with auto financing/dealer problem.

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kcass1954 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-12-07 10:23 AM
Original message
Need help with auto financing/dealer problem.
My son was driving a used car that his dad bought – paid cash, no payments. It was a 99 Rodeo with 70k miles, and it was in excellent condition - really clean and very cold air. Last summer, he went with his girlfriend and her mother for his GF to get a car. While they were at the dealer, my son decided to get a new-to-him vehicle. The mother’s trade was worth more than she anticipated, so she gave my son $4000 toward his truck. He also got $5000 from his trade. He bought an 05 Durango, loaded. The dealer tacked on a shitload of fees. He paid just over $21K for the truck, and ended up with the amount financed at $17K.

His loan was approved with a large nationwide lender who I believe to have ethics problems, and who is known to screw borrowers. His interest rate is 13.4% for 6 years, and there was a small pre-payment penalty for the first 6 months.

PROBLEM – The sales contract shows one extended warranty at $2032. But the finance agreement shows that warranty, plus an additionally warranty of $2133 added. I understand that he signed all the documents, but I can’t seem to get the dealer to tell me what the extra warranty is.

My son apparently wanted to “be the man” and do this without asking me or his dad for any help. That’s a shame, because not only do I have a finance background, but I currently work in the used car industry. At the very least, I could have hooked him up with someone trustworthy and made sure he didn't get fucked on the financing.

At that point in time, my son had no credit – not good, not bad, NONE. (He was 19, and he’s a college student with a part-time job.) I asked him how he was able to get financing for that much money with no credit. He said the salesman shopped the loan around and it was rejected 4 or 5 times. So he (the salesman) said that he needed to “fix the income”, and changed the application to read that my son was making $3000/month.

At the time that all this happened, I was going to go down to the dealer and raise holy hell until I got my son out of this. (If anyone could have got him out of this mess, it would have been me.) As a former loan underwriter, I was appalled about my son’s income being lied about on the loan application. I’m not so naïve that I think that it doesn’t happen, but it bothers me that my son was involved in it. I also knew very well that there was no way my son could afford this truck. However, my son and my ex-husband asked me to cool my jets and leave it alone. I agreed, and now I’m really sorry.

My son is 2 months behind on the payments, and the lender is looking for the truck. It’s been temporarily stashed to buy me a little time to try to work with the dealer.

My son knows how much he screwed up on this, and he knows that he has to give up the truck. He also knows that the money from his trade and the cash from his GF’s mother are gone, and that he’s going to come out of this with no vehicle.

PROBLEM 2 – The used car manager is a total asshole who apparently didn’t work at the dealership last year when this all took place and hasn’t even spoken to the salesman. But he says they didn’t do anything wrong. The only thing that he is willing to do is take the vehicle back on trade. He tells me it’s got a value of $13K (low by my estimate), but the payoff is $19K.

In my conversation with the salesman last week, I hinted that I was sure that this lender would be interested in the fact that they’re getting fraudulent loans from this dealership.

So my question is this: How much trouble could my son get into if we let the lender know what the dealer’s doing?

If this isn’t an option, any advice?

I’m not in a position to bail him out on the loan payment, and I’m not sure I would even if I could. His dad could probably help him, but he won’t. Our son really can’t afford the truck, and the ex isn’t about to throw good money after bad.
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quinnox Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-12-07 10:25 AM
Response to Original message
1. well there goes his credit
live and learn. He will have his credit screwed now!
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msongs Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-12-07 10:55 AM
Response to Original message
2. fraud should always be reported it is a different issue than the truck being lost issue. nt
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lectrobyte Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-12-07 11:55 AM
Response to Original message
3. I'm confused onthe who "changed the application" part about stating
your son was making $3000 a month -- that sounds like fraud to me.
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kcass1954 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-12-07 02:46 PM
Response to Reply #3
7. It was the salesman who changed the income. I realize that my son went along
with it, which doesn't exactly leave him blameless.
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lectrobyte Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-12-07 03:40 PM
Response to Reply #7
8. Sorry to say, this may be another one of those "chalk it up as a lesson learned"
and go on from there. You might try your local attorney general as someone suggested, but from my experience, don't expect a whole lot. Good luck.
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OPERATIONMINDCRIME Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-12-07 12:11 PM
Response to Original message
4. How Much CAN He Afford Per Month?
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Contrary1 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-12-07 12:18 PM
Response to Original message
5. I would call the Attorney General
They may be able help, or at least point you in the right direction.
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Toucano Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-12-07 12:34 PM
Response to Original message
6. I'm really sorry for your son, but I think this is a no-win, live and learn
type situation.

Regardless of what went down at the dealership, the lender is entitled to the money even with bullshit fees.

Your son may even be guilty of signing a fraudulent document if the application with the erroneous income has his signature on it.

How ever did he think he could make those payments? Oh, wait, I remember being young once, too! :)

Good luck
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judaspriestess Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-12-07 03:45 PM
Response to Original message
9. In all honesty he should turn in the vehicle and do a ch. 7 BK
he can recover very, very quickly and the repo will be zeroed out. If he remains with a repo on his credit it will always be a monkey on his back to get it paid off.
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Lex Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-12-07 03:46 PM
Response to Original message
10. The lender's fraud is a separate issue than your son paying for the truck on time.
Calling attention to the lender's fraudulent behavior is a good thing to do, but I don't think it will help your son one way or the other. IMHO.



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angstlessk Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-12-07 03:51 PM
Response to Original message
11. If the 'extended warranty' never went into effect wouldn't he
get credit for not using something he paid for? that would be the two warranties for over $2,000 each??? seems like that would cover the deficiency?
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Nickster Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-12-07 04:57 PM
Response to Reply #11
12. That's an excellent point. In the extended warranty I had, there was a certain
time limit, but if you traded in your vehicle before that deadline, you'd get a pro-rated amount of unused warranty money back. This deal sounds a bit shady, but it would be worth a look at the paperwork.

I'm guessing the second warranty is just a line item they used to finance the vehicle through a bank for more than the blue-book loan value of the car. That's one of the shady dealer tricks I've learned about. Sometimes it's a "stereo" or "VIN etching".
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