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Early Auto Lease Termination (Terminal Illness) (Wills & Trusts)

Fri, 09 Sep 2005 10:39:00 GMT

My father lives in the State of Florida. I have DPOA and am his healthcare surrogate. He has a terminal illness and requires 24-hour care. He has an automobile lease and I am trying to determine a way to terminate that lease early. My father will never drive again and, quite frankly, I could use that monthly lease amount to help with his care.
I've called the bank that holds the lease (Regions Bank, King of Prussia. PA) explained his medical circumstances, plus the fact he lost his wife to cancer just a few months ago. The Collections Department felt it was their duty not only tell me that there are no medical provisions in his lease for early termination, but he or his estate will be liable for the difference between the [inflated] payoff and what I could sell it for (or that the bank would broker it off for if I initiated a voluntary termination).
Is there anything I can do? I don't want this loose end hanging over me. My father has very few possessions. I have bigger worries that the callous comments from these impersonal financial institutions.

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  • Fri, 09 Sep 2005 12:00:00 GMT(1)
  • Quote:

    I've called the bank that holds the lease (Regions Bank, King of Prussia. PA) explained his medical circumstances, plus the fact he lost his wife to cancer just a few months ago. The Collections Department felt it was their duty not only tell me that there are no medical provisions in his lease for early termination, but he or his estate will be liable for the difference between the [inflated] payoff and what I could sell it for (or that the bank would broker it off for if I initiated a voluntary termination).
    Is there anything I can do? I don't want this loose end hanging over me. My father has very few possessions. I have bigger worries that the callous comments from these impersonal financial institutions.

    Most car leasing companies contracts are as the collection department stated. You need to read the contract for a death clause which is very rare.
    This car needs to either be sold and the balance paid off or you need to find someone who will lease the car with a new lease contract. If there is no estate for creditors to attach or place a lien upon such as bank accounts and exempt income from judgements/liens, then why not let the car be repossessed?
  • Fri, 09 Sep 2005 12:50:00 GMT(2)
  • Yes...I agree with the advice and the fact that I am probably emotionally involved. Naturally these are the terms of doing business and I can see the bank's point of view. They probably just don't have the budget to send their customer service people to sensitivity training when dealing with the public. Thanks for the replies.
  • Fri, 09 Sep 2005 12:19:00 GMT(3)
  • Quote:

    Originally Posted by Florida999

    I have bigger worries that the callous comments from these impersonal financial institutions.

    Don't take this the wrong way and I am sorry your father is so ill, however, they are a business and though your father is very important to you he is a customer to them, nothing more, nothing less so yes they are an impersonal institution in this matter.
    Now I think this has not legal bearing but can you get medical records that support your theory he is dying? I would at least give it a try to get the right person to send copies to and see if they will allow you to return the car and have no further obligation. ALL IN WRITING of course.
    Then again you could just let it sit making no payments then let them try and recover if he has no assets.
    But allow someone with legal knowledge answer you as this is just what I would do given the circumstances.
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