Voluntary surrender counts as a derogatory or negative mark and will stay on your credit reports for up to seven years. This stain on your credit reports might prevent you from being approved for new credit and your terms, like interest rates, will likely be higher.
Each can appear on your report as a separate entry. Repossessions, collections, and court judgments can remain on your credit report for up to seven years, reading as a derogatory mark and dropping your credit score by 100 points.
Deciding Between Voluntary and Involuntary Repossession
In terms of your credit, voluntary repossession can be the better option if you communicate and cooperate with your lender early on. In most cases, lenders would rather work with you than spend the time and money on the repossession process.
A repossession typically stays on your credit report for up to seven years, so a big part of restoring your credit afterward is just waiting. But you can also be proactive in restoring your credit by paying your bills on time and working on paying off other debt.
There's nothing stopping you from buying a vehicle with cash immediately after a repossession – but financing can be another story. Within one year after a repo, qualifying for an auto loan can be tough.
One way to get out of a car loan is to sell the vehicle privately. If you're not upside down on the loan, meaning the car is more valuable than what you currently owe on it, you can use the proceeds of the sale to pay off the current loan in full. Another term for an upside-down car loan is negative equity.
You can renegotiate, refinance or sell your vehicle to get out of a car loan you can't afford. Refinancing can be a good option if your credit score has improved since you initially took out the loan. When trying to exit a lease early, be aware of potential fees and consider transferring the lease to someone else.
While surrendering the vehicle voluntarily may be seen more favorably by lenders compared to repossession, it can still result in a substantial drop in your credit rating. Additionally, you may remain liable for any shortfall balance after the vehicle is sold at auction, further adding to your financial obligations.
Exploring these alternatives—loan modification, refinancing, and selling the car—can provide solutions that help you avoid the financial and credit damage associated with voluntary repossession. Each option has its own benefits and obstacles, so it's essential to evaluate which best suits your situation.
Estimates vary, but you can expect a voluntary repossession to lower your credit score by 50-150 points. How big of a drop you will see depends on factors such as your prior credit history and how many payments you made before the repossession.
Note: If you're selling a car with an active loan, you're still the one responsible for paying it off, so the remaining balance on the loan will likely be subtracted from the price the dealer offers you. So if you owe more than what the dealer offers, you'll need to pay the difference to the lienholder.
Even if the bank refuses to repossess the vehicle when you offer it to them, the loan agreement remains in effect until the debt is paid in full or otherwise resolved. You are still responsible for making the required payments on the loan, regardless of the vehicle's status or your willingness to give it up.
If you can't afford your car payments, you can give the vehicle back to your car loan lender. This option is called a "voluntary repossession." But just because you surrender the car doesn't mean that the creditor has forgiven the debt or that it has to.
If you voluntarily surrender your car, then you won't be charged for the lender's repossession costs. Generally, this means that the deficiency judgment against you will be lower if you voluntarily give the car back. Another reason to choose voluntary repossession is that it might look better on your credit report.
Voluntary repossession can make obtaining future loans more difficult. There is no difference on your credit between a voluntary repossession and an involuntary one. Future lenders may see this action as a risk factor, making them more reluctant to lend to you or offer you higher interest rates.
Benefits of Voluntary Surrender for Consumers
It can result in lower fees and costs associated with the return of the vehicle, as opposed to the fees incurred during repossession. It may allow for more control over the return process and timing, reducing stress and embarrassment.
To get out of an upside-down car loan, consider making extra payments, refinancing or selling the vehicle. To avoid being upside down on your loan in the first place, shop around for good rates and try a larger down payment or a shorter repayment term.
Voluntarily Surrender the Car
That said, if there's a deficiency balance—your loan balance minus what the lender received for your car at auction plus any additional fees—you'll need to pay it. If you can't, the lender may send the remaining debt to collections, which can damage your credit further.
The name makes it sound less severe, but a voluntary repossession is essentially the same as an involuntary one as far as your finances go. You'll still have to pay for the costs of the auction. You may still face a deficiency, a collection lawsuit, and wage garnishment.
If your lender can't locate your vehicle to do a "self-help" repossession, they can still sue you for the vehicle. This will involve a small claims case, where the judge will order you to give the car to the lender. You might even be compelled to Court to provide testimony about the location of the vehicle.
No! You signed a contract. If you return it they will resell it probably for a lot less than you owe and you have to pay the difference! What can I do to get my down payment from a car dealership?
They can sue you for the balance you didn't pay for the down payment, but unless it was in the contract they can repossess, the law in CA doesn't allow it. Under California law, a breach of contract occurs when one party fails to fulfill a legal duty the contract created and causes damages for the defendant.
Trading in a car generally helps you reduce how much you'll need to borrow when buying another vehicle, but if you have a balance on your current auto loan, you may be encouraged to roll your existing balance into a new loan, which will increase your total loan costs and the interest you'll pay over the life of your ...