DRIVE A NEW VEHICLE WITH NO MONEY DOWN
& NO CREDIT CHECK
Introduction
Where to
Find The Vehicle of Your Choice
Making
the Initial Contact (Common Questions and Answers)
The Face
to Face Presentation
Closing
the Deal
Paperwork
and Insurance
Definitions
Suggested
"Assignment Agreement"
Telephone
Information Sheet
Assignor/Assignee
Responsibilities
Power of
Attorney
Uniform
Commercial Code, Article 9, Section 311
INTRODUCTION
David has a car that he no longer
can afford and it may be repossessed. Sally would like to own David's
vehicle and can afford the payments but can not afford a loan because of
her bad credit. Is this a problem?
No, Sally will assume David's
vehicle payments and insurance with no money down and no credit check.
Why would David agree to
this kind of exchange?
Ideally he would sell his
vehicle for cash and pay of his loan but there are several reasons that
ma be preventing him from doing this including:
The vehicle has high mileage
and he would never get more for
Unable to show his vehicle
to a prospective buyer (because of work, school or other conflicting situations.)
He is in a area experiencing
a soft used car market.
He put very little money
down and his vehicle has high kilometers. If David sold his vehicle
for cash, he would never receive close to what he currently owes on the
loan, and who take a substaintal financial loss.
He may have financed his
vehicle for (60-72 months.)
What Are David's Choices
- Traditionally the owner has very few choices. He can sell his vehicle
for market value, pay the lien holder difference in cash and take a major
financial loss.
He could let the vehicle
go back to the lien holder and take repossession. Repossession will
seriously damage his credit history for seven years.
Therefore by letting Sally
take over David’s payments, this becomes a win-win-win proposition for
all.
Sally wins as she drive a
vehicle no money down and no credit check.
David wins as he no longer
faces a financial loss or fear of repossession.
Lien Holder wins the lien
holder will not have to take a financial loss on the vehicle by repossessing
it.
SUGGESTION ASSIGNMENT
AGREEMENT
The Suggested Assignment
Agreement included in this information package is a Suggested Assignment
only. There may be provisions added or deleted to the agreement between
you and the assignor (owner) to make the transaction acceptable to you
both.
The assignment agreement
is between you and the owner of the vehicle. The vehicle remains titled
in the owner's name until all payments are made and the original loan is
paid off.
At this time, according to
your Assignment Agreement with the owner, they have to sign the title over
to you within thirty (30) days after the car is paid off.
LIEN HOLDER PURCHASE
AGREEMENT
This type of transaction is
very common with Real Estate. Typically, the owner of a house will
rent their property and still be solely responsible for the monthly mortgage
payments. The payments are being made although the owner is not living
in the house. The
Renter, has a contract between
them and the owner, not involving the mortgage company.
Some purchase agreements
from the lien holders may have provisions against subleasing or assignments,
claiming it would be a default-of contract. Many disregard this provision
and do not contact the lien holder for their approval, claiming that as
long as the payments, insurance and vehicle maintenance were maintained,
the assignment of the vehicle would fulfill the lien holder's requirements.
They feel it would not be necessary to inform the lien holder of the transaction.
We recommend that you contact the lender in writing to inform them about
your agreement.
YOUR SUCCESS IS GUARANTEED
Using this system, an individual
can obtain a vehicle on merits such as character and ability to pay, rather
than credit history. There are no turn downs, everyone qualifies because
a credit check is never done. You must be persistent, make several
telephone calls, and always project a positive image over the telephone.
UPSIDE DOWN OR NEGATIVE
EQUITY
Let us take this opportunity
to explain what is meant by Upside Down or Negative Equity. Let's
use the following as an example: Say the owner of a car owes $12,000 to
the bank for the payoff of his car. The average retail value of the car
(what a car lot would sell the vehicle for) is $10,000. If the vehicle
is selling at a car lot for $10,000 few people would be willing to pay
$12,000 that they owe. The loan value on this car (what the bank will loan
someone with good credit) may be only $8,000. This means that if a person
with good credit wanted to buy this car for $12,000, they would have to
borrow $8,000 from the bank and would have to come up with another $4,000
in cash to satisfy the lien holder.
EXAMPLE:
Payoff to Lien Holder
$12,000
Average Loan Value
$ 8000
Average Retail
$10,000
Difference (in cash)
$2,000
or negative equity
The seller will have a difficult
time finding someone who is willing and able to put $4,000 in cash down
for a used car. A buyer with good credit can go to a dealership and get
a new vehicle with only a few hundred dollars down. So, the chances of
the owner selling the car to a person with good credit are none.
By explaining (Upside Down,
Negative Equity) to the owner, you will let them know why they are having
problems selling the car and that they may only have three (3) options
left at the point.
Option #1: Sell the
car for market value of $10,000 and pay the diffrence out of pocket.
Option #2: Turn the
car back to the lien holder for Repossession. This option will ruin the
credit status of the owner for seven (7) years.
Option #3: Let you
assume their responsibilities of payments and insurance, save their credit
status and not have to pay the negative equity of $2,000.
FIVE
STEPS TO GETTING THE VEHICLE AT THE TERMS YOU WANT
STEP
1: Find The Vehicle You Want - You
need to find the vehicle that you want. This can be accomplished
using the local newspaper, auto trader advertising magazines, or any other
publications that lists vehicles for sale.
(Note: Finding an
individual who is upside down or in a negative equity situation on their
vehicle loan is easy. Most cars within their first three years of their
finance contract are in this situation. You may even have a friend or family
member in this situation and they may be the person you want to approach.
To get the true book value
of the vehicle you will need the NADA Book, (National Automobile Dealers
Association.) You can obtain this book from your library. The NADA book
is published monthly and will give you the amount that most banks will
finance on those models. If the payoff amount on a car is more than the
NADA retail book value, then you will know this seller is in an UPSIDE
DOWN position and will be very interested in talking to you.
STEP
2: Making The Initial Contact - When
you have identified several cars that you have an interest in, you are
ready to make the initial contact with the owner. Throughout this conversation,
your goal will be to find out if the owner is in a Negative Equity Position
(or upside down) on their vehicle. Best results are obtained if the owner
is just asking for what they owe on the car.
A Typical Telephone Conversation
May Go As Follows:
Caller: Hello, I m calling
about the car you have advertised in the paper. Is it still for sale?
Owner:
Yes.
Caller: Can you tell
me about it, what color, mileage, options, etc. Are there any nicks or
scratches?
Owner:
(The owner will normally give you all the information, except for the price
of the vehicle.)
Caller: How much are
you asking for the car?
Owner:
$12,188.00
Caller: Is that what
you owe on it?
Owner:
(Answer) Yes or No
Caller: (If the answer
is Yes, ask how long have you been trying to sell the car.) The reason
I'm asking these questions is because I would like to take over the payments
on this type of car. How much are your monthly payments?
(Try to get a feel for how
badly they want to get out of their car. If this vehicle sounds appealing
to you, and you sense the owner is flexible, set up an appointment to look
at the car.)
(If the answer is No, the
owner may have put a large down payment on the car, and it may not be in
a Negative Equity Situation, or they may not owe anything on the vehicle
at all.
Be persistent, as you may
have to make 20, 50 even 100 telephone calls to find a vehicle owner willing
to assign their vehicle. However, there are thousands of desperate people
needing to get out of their vehicles in every area of the country. It's
also a good idea to call the owner back a week or so after your first contact.
The longer they hold onto their vehicle, the more eager they will be to
work with you.
STEP
3: The Face To Face Presentation - The owner will normally want
the car out of their name. Their credit is riding on you making their payments.
You will need to show them that they are secure and protected in dealing
with you. When meeting face to face, it is extremely important that you
present yourself in a professional manner. Treat this meeting as you would
a job interview. This person is essentially giving their approval of you
to assume his $12,000.00 to $17,000.00 investment. Look Sharp.
Once you have seen their
car and feel that it is what you want, you are ready to make a proposal.
Explain to the owner that you earn a more than enough income to afford
this car payment, but you can’t get financing from a bank, because of some
credit problems that you hand in the past. Tell them strengths about yourself
that shows your stability and credibility such as:
Length Of Residence In Your
House Or Area.
Length Of Current Employment.
Job Description Or Job Title.
Home Ownership If Applicable.
The Reason For Your Credit
Problem.
If You Paid Back Past Creditors.
What Your Income Level Is
With Bonuses, Future Pay Raises.
Or Possibly A Job Promotion
Describe what makes you a
good risk. Let the owner know that you are building their equity in this
vehicle, until you pay it off. The more payments you make, the less will
be owed on it. Give them a copy of the enclosed credit report, personal
references and a copy of your driver's license. Allow them to verify your
employment and that you make you rent or mortgage payments on time. Show
them a copy of the suggested Assignment Agreement.
Common Questions Asked
By The Owner Or Assignor And Answers To Those Questions:
Question: What if
you wreck the car?
Answer:
The insurance company will issue a check with both your name and the lien
holder's name on it. This check will be applied towards repairing the vehicle.
Question: What if
you get a ticket while driving this car?
Answer:
Any points are charged to my individual driver's license, not to the car.
Question: What if
you hit someone?
Answer:
The Suggested Assignment Contract states that I am driving the vehicle,
and I am responsible for all liabilities. Your liability is limited because
I will carry liability coverage or whatever your Purchase Agreement with
the lien holder requires, which will protect you. As the owner of this
car, you are put in the same position as an independent leasing company
or car rental agency. You own the car, but your not driving it.
Question: How do I
know that you’ll make these payments?
Answer:
You’ll receive a cashier's check or money order made out to the lien holder
at least ten days before your due date. If I'm late, you have the legal
right to take the vehicle back, believe me I don't want to lose it. The
agreement basically states that I will make the remaining payments or pay
it off early, as long as I do this you are under contract to sign over
the title to me. Nothing hidden, no surprises, it's just fair and legally
binding.
Question: Why do my
tags stay on?
Answer:
You are still the legal owner, just as leasing companies and rental agencies
are. I am the one who is primarily liable for what happens while it's in
my possession.
Question: What if
you move and cannot be located?
Answer:
You have a list of personal references, my driver's license number and
my social security number, any repossession firm could track the car in
a matter of hours. I can understand your concern, but let me assure you
that I have no intention of going to jail for car theft.
STEP
4: Closing The Deal - Once you have satisfied all the owner’s questions,
and have subdued all fears. You need to get a commitment. If the
owner will not commit and wants to think about it, find out when the due
date is for the next payment. The closer they get to the next payment,
the more flexible they will become. If the owner remains undecided, you
may try offering them concessions. You could offer to make a whole
payment or two payments in advance. They may request some kind of security
deposit, which would be held for damages. At this point, be creative and
willing to empathize with the owner's concerns.
STEP
5: Paperwork & Insurance Limited Power Of Attorney - This form
needs to be signed by Assignor and notarized by a Notary Public. It gives
the Assignee the authorization to sign on behalf of Assignor in matters
concerning the vehicle. (To be attached to registration.)
Suggested Assignment
Agreement
The provisions recommended
in this agreement are meant to protect both parties. Individual concerns
not covered, they can be added while others can be deleted. This agreement
is only meant to be a guideline for constructing your own finalized contract.
Credit Information
Sheet
The Assignor will need some
information on the Assignee just for his protection. If the Assignee does
not make payments, Assignor will be able to turn this information over
to a repossession firm to retrieve the vehicle.
Insurance
Insurance regulations differ
widely from state to state. The simplest and most widely accepted structure
for this arrangement is as follows:
List the owner as primary
insured and assignee as additional insured. The loss payee will always
be the lien holder. The policy address can be that of the assignor or assignee.
Insurance can remain on the
existing owner’s policy by just adding the assignee as an additional insured.
The owner may prefer to set up a new policy so that the assignee’s driving
record will not affect the rates that they pay for their other vehicles.
If the assignor has a poor
driving record, that would make your insurance premiums prohibitive, you
do have some options. Some insurance companies will allow you to list the
Assignee as Primary Insured and the Assignor as Non-Driving additional
insured. They will treat the policy just like a normal lease. In the place
of the leasing company, they will insert the name of the Assignor. The
Loss Payee remains the bank or lien holder. Let the insurance company know
that you have the Power of Attorney for this vehicle.
If this is the direction
that is most economical for you, then you may want to find a creative,
knowledgeable agent, (this is not always easy.) Many agents may reject
your policy without fully understanding the relationship or legality of
it. We recommend talking directly to the underwriters if the agent does
not seem knowledgeable. If you do set up your policy in this manner, then
you may want to contact the Department of Motor Vehicles in order to see
if a lease tag can be issued in your name without changing the title.
Registration Process
Each state has different
systems. We have found that the most common is as follows: Register Vehicle
in Assignor's name in care of Assignee's name and address. Keep Limited
Power of Attorney with registration. In most states, Limited Power Of Attorney
along with the Assignement Contract is sufficient to register a vehicle.
Registration And License Plate are to remain in Assignor's name, (normally
leave the same license plate on the vehicle.
TaxesAssignor
will receive all property taxes on vehicle and then forward to the assignee.
DEFENITIONS
Assignor: Person
who has vehicle for sale or wants to be relieved of monthly payments.
Assignee: person who
wishes to assume assignor’s payment responsibilities.
Assignment Agreement:
Agreement between assignor and assignee.
Upside Down Vehicle:
A vehicle in which the pay off is greater than the book or loan value of
the vehicle. (Also referred to as “negative equity”.)
Lien Holder: the lending
institution who financed the vehicle for the assignor.
Purchase Agreement:
Purchase contract between lien holder and assignor signed at time of purchase
of vehicle.
Lessor: a person leasing
an item to another person.
Lessee: A person leasing
an item from another person.
New Companies: A company
that finds a vehicle owner, that must relinquish their vehicle because
it is close to repossession, and then finds a third party to assume the
vehicle owner's responsibilities of payments, insurance and maintenance.
Nada Book (National
Automobile Dealers Association:) A monthly publication found in most
libraries, that list average retail selling prices and bank loan values
of late model.
SUGGESTED
ASSIGNMENT AGREEMENT
This agreement is made and entered
into the date indicated below by and between______________________(assignee)
and ______________________________________(assignor). Whereas
the assignor holds legal title or interest to the vehicle described below
and has same finance with _______________ (lender) having agreed to pay
lender $___________________________ (monthly) for another ______________________________
months (note payments) with a residual amount of
_______________________ (if a lease.)
Whereas, the assignor is
desirous of assigning or selling the vehicle and assignee is desirous of
accepting assignment and/or buying the vehicle.
In consideration of the mutual
covenants hereinafter made and for other good and valuable consideration
the sufficiency and receipt of. Which is hereby acknowledged, the parties
agree as follows:
1. Assignor agrees
to assign the vehicle to assignee/buyer for the term of the assignors note
payments due his lender and hereby authorizes assignee/buyer to drive same,
but only for so long as assignee/buyer is current in the assignment payments
set out below in paragraph two (2). The vehicle cannot be taken out of
the state without written approval from the assignor.
2. Assignee/buyer
agrees to pay as assignment payments for such vehicle, the monthly amount
of assignor's note payments to Lender, and to pay same by cashier’s check
or money order made payable to lender and to mail such payment to assignor
at least ten (10) days before the ______________ day of each month beginning
on _________ 200__. Any late payments shall be in default of
the agreement.
3. Assignee/buyer
agrees to take out and maintain insurance on the vehicle satisfactory to
assignors lender and to name assignor as primary insured. Assignee as additional
insured and lender as loss payee. Assignee/buyer further agrees and does
hereby indemnify and hold assignor harmless from any damage or liability
arising out of assignee/buyers use of assigned vehicle.
4. Assignee/buyer
understands and agrees that should he/she fail to timely pay any of the
assignment payments called for above or allow the aforesaid insurance to
lapse or should assignors lender declare a default under its note or loan
agreement or deem such loan repayment or the collateral to be insecure,
this assignment/Purchase agreement shall terminate at once, assignee/buyer
shall no longer be deemed to be an authorized driver of the vehicle and
assignee/buyer agrees to return the vehicle to the assignor or his/her
agent immediately. Failure to do so shall result in the immediate repossession
of the vehicle by assignor, its agent or the lender or its agent.
5. Assignee/buyer
shall have the option to purchase the vehicle upon
(a) its full and
timely compliance with this agreement and
(b) the payment of
all note payments to lender.
Thereupon, assignor will
deliver to assignee/buyer the vehicle’s certificate of title.
Default under this assignment by assignee/buyer or other authorized termination
of this agreement shall forfeit any option to purchase the vehicle that
assignee/buyer may otherwise have had. Upon full compliance and satisfaction
of the lien, assignor will have 30 days to deliver title to assignee.
6. Normally, legal
title to the vehicle shall at all times prior to assignee/buyers proper
exercise of his/her purchase option described above remain in assignor’s
name and possession if applicable.
7. During the term
of this agreement, assignee/buyer agrees to maintain the vehicle in good
repair and full operation condition. Any failure to do so shall be grounds
for termination of this assignment/purchase agreement and assignee/buyer
shall be personally liable to owner for the cost and expense of any repair
deferred maintenance other than for normal use and wear and tear.
8. Upon a 48 hour
notice to the assignee/buyer, assignor has the right to inspect the vehicle
at a location of his/her choice, no more than once a month.
9. Any additional
or special provisions applying only to this agreement are written as follows:
10. This constitutes
entire contract. This assignment agreement including any addendum’s
or exhibits hereto which are by this reference made a part hereof, contains
the entire agreement relating to the assignment of the vehicle and shall
bind and insure to the benefit of all respective heirs, personal representative,
successors and assigns of the parties hereto except as herein above expressly
limited.
Any oral representation or
modifications of this assignment agreement shall be of no force and effect,
excepting modification in signed by the party to be charged. No delay or
forbearance of assignor in the exercise of any remedy or right will constitute
a waiver thereof and the failure to exercise or a partial exercise of a
remedy or right shall not preclude a subsequent or the further exercise
of the same or any other right or remedy by assignor. Assignor shall have
no liability for any delay in delivery of the vehicle for any reason beyond
the control of assignor.
In witness whereof, the
parties have executed this agreement as of the--______day of______200__,
at
___________________________
________________________
Assignee/Buyer Signature
Assignor/Seller Signature
Print Name and Address
Print Name and Address
_____________________________
______________________________
_____________________________
______________________________
_____________________________
______________________________
Date _________________________
Date__________________________
TELEPHONE
INFORMATION SHEET (Questions you should ask when calling about a vehicle.)
Date:
Owner s Name:
Make of Car:
Year:
Color:
Mileage:
Condition:
5 Speed Transmission:
Automatic Transmission:
Monthly Payments:
Number of Payments Remaining:
Full Pay Off Amount:
Are Payments Current:
Address Where Car Is Located:
Owner s Phone Number:
Comments:
Note: When making
telephone calls, use a note pad to write down the above questions, record
the seller's answers accordingly.
ASSIGNEE'S
RESPONSIBILITY: (Assignee - person who wishes to assume assignor's
responsibilities of vehicle payments and insurance.)
1. Make payments to
assignor, by money order, cash or bank draft made out to lien holder/lender
and forward to assignor 10 days before due date. (NOTE: Put account number
on money order or bank draft. Assignor will promptly forward this in to
lien holder in order to maintain his credit status.)
2. Provide copy of
insurance, naming assignor as primary insured, assignee as additional insured
and lien holder as loss, payee.
3. Notify assignor
of any change of address.
4. Provide assignor
with credit application (included in this information package) and at least
eight (8} personal references.
5. Provide assignor
with original assignment agreement.
6. Receive all manuals,
warranties and other information pertaining to the vehicle. Keep warranty
in the name of assignor.
7. It will be the
assignee’s responsibility to pay for and keep current the collision and
liability insurance, property tax, inspections, permits, and other taxes
or fees pertaining to the vehicle.
8. Maintain the vehicle
in excellent working condition as described in the owner's manual.
POWER
OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS.
That the undersigned of the County of State of being the Registered Owner
of the above, described motor vehicle. Does hereby make, constitute and
appoint of ________________County. State of true and lawful attorney
in fact to sign in the name, place and stead of the undersigned, any Certificate
of Ownership issued by the Department of Motor Vehicles of the State. Covering
the motor vehicle described above in whatever manner necessary to transfer
any registration of said motor vehicle. Granting and giving unto
said attorney in fact full authority and power to do and perform any and
all other acts necessary or incident to the execution of the powers herein
expressly granted with power to do and perform any acts authorized hereby.
As fully to all intents and purposes as the grantor might, or could do
if personally present, with full power of substitution.
IN TESTIMONY WHEREOF. the
undersigned has___________________________hereunto set __________________
hand___________ this ______
day of _____________,200___
(PLACE NOTARY SEAL HERE)
X _______________________________
Subscribed and sworn to before me
X _______________________________
this ________day of _______________200___
Witness:
Address:
Notary Public in and for
the County of State of
UNIFORM
COMMERCIAL CODE: 9 311 Alienability of Debtor's Rights:
Judicial Process The debtor's rights in collateral may be voluntarily or
involuntarily transferred (by way of sale creation of a security interest.
Attachment, levy, garnishment or other Judicial process) notwithstanding
a provision in the security agreement prohibiting any transfer or making
the transfer constitute a default.