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Archive for the ‘Repossession’ Category

Court grants Preliminary Approval of a Settlement of a Repo Notice Class Action

Tuesday, March 8th, 2011

On March 3, 2011, in Selimi v. Mission Federal Credit Union, San Diego Superior Court Case No. 37-2009-00086697-CU-CO-CTL, Judge John Meyer granted preliminary approval of a class action settlement.  Rosner, Barry & Babbitt, LLP’s Auto Fraud Legal Center filed a lawsuit on behalf of Mr. Selimi and class of consumers against Mission Federal Credit Union alleging that the notices that Mission Federal Credit Union had sent to individuals after their vehicles were repossessed did not comply with the Automobile Sales Finance Act.

The class includes any individuals who (1) purchased a car from a car dealer in California by signing a purchase contract, (2) had that purchase contract financed by Mission Federal Credit Union,  (3) had their car repossessed by Mission Federal Credit Union, (4) between June 1, 2007 and October 5, 2010, received a post repossession notice from Mission Federal Credit Union, and (5) did not pay to get their car back.

If you are a member of the class, and do not opt out of the settlement, you will receive the following:

1.  Forgiveness of any balance owed after the sale of your car.

2.  Deletion of the trade line for your account from your credit report

3.  Refund of any monies you paid to Mission Federal Credit Union after the repossession and sale of your car.

The size of class is estimated to include 1,000 individuals.  The total amount of the balances to being forgiven is expected to be over $10,000.000.  Between 200 to 300 class members will receive refunds for monies that they paid after the repossession and sale of their cars.  The total amount to be refunded is approximately $332,000.00.

Notice of this proposed class settlement will be mailed by the end of March 2011.

If you have any questions about this settlement you can contact Greg Babbitt at 858-348-1005, ext 104, or email to greg@rbblawgroup.com.

Auto Fraud Legal Center sues American Honda Finance Corporation

Wednesday, February 16th, 2011

Auto Fraud Legal Center has filed a class action lawsuit in San Diego County against America Honda Finance Corporation relating to its business practices after it repossesses cars from California consumers — Novela v. American Honda Finance Corporation, Case No. 37-2011-00050659-CU-CO-NC.

California law – the Automobile Sales Finance Act – requires an auto finance company to provide a notice to a consumer after it repossesses his vehicle. This post-repossession notice must explain in detail all of the amounts that a consumer must pay as well as all of the things he must do to get his car back.

Ms. Novela’s Complaint alleges that the post-repossession notice that American Honda Finance Corporation sent to her failed to do this. After receiving the post-repossession notice, Ms. Novela contacted American Honda Finance Corporation and told it that she wanted to get her car back. American Honda Finance Corporation then sent Ms. Novela a list of things that she needed to do to get her car back. A number of these things were not on the post-repossession notice. This, Ms. Novela alleges, violated California law. Ms. Novela did not get her car back, so American Honda Finance Corporation sold it. Later, American Honda Finance Corporation advised Ms. Novela that she owed it money because the sale of her car did not cover the balance owed on the financing of her car. American Honda Finance Corporation is not entitled to collect this balance if its post-repossession notice did not comply with California law.

Ms. Novela’s lawsuit not only seeks void the balance that American Honda Finance Corporation claims she owes, it also seeks relief on behalf of every California consumer who in the past four years received the same post-repossession notice and were subject to the same practices.

Hal Rosner & Hawk Barry to speak at NACA Auto Fraud Conference

Friday, May 14th, 2010
Rosner, Barry & Babbitt, LLP Auto Fraud Legal Center partners Hal Rosner and Hawk Barry will be speaking at the National Association of Consumer Advocates Auto Fraud Litigation Conference in Chicago, Illinois, on Friday May 14, 2010, through Sunday, May 16, 2010.  Mr. Rosner will be speaking on topics including an introduction to auto fraud issues, running an auto fraud practice in the current economy, and certified pre-owned litigation.  Mr. Barry will be speaking on successfully litigating a financial disclosures case, focusing on California’s Automobile Sales Finance Act, addressing issues such as backdating, illegal and improper fees, and falsified credit applications.

Repo Notice Class Action Certified

Tuesday, May 11th, 2010

The Auto Fraud Legal Center recently had a class action certified in San Diego County.  The case is Arben Selimi v. Mission Federal Credit Union, Case No. 37-2009-00086697-CU-CO-CTL.  The case alleges that the notices that Mission Federal sends to consumers after their vehicles are repossessed do not comply with California law, specifically the Automobile Sales Finance Act.  The notices, Selimi alleges, overstated the amount that consumers had to pay in order to get their vehicles back after they were repossessed.  In addition, the notices did not provide an address to either mail or deliver the request for an extension of the time period before the vehicles were sold after they were repossessed.  Superior Court Judge John Meyer certified the case as a class action.  The time period of the class is June 1, 2007 to the present.  No ruling has been made on the merits of the case.  However, the remedy that Selimi is seeking for these improper notices is the waiver of any deficiencies that existed after the sale of the vehicles.