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Repo during warranty repair service?

The last post in this topic was posted 3650 days ago. 

 

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I'm asking this question to hopefully help a friend who's gotten herself in quite a situation...

 

She's VERY behind on the payments on her car. I don't know if the lender has actually attempted repo, but know they'd have a challenge due to her home and work addresses changing since buying the vehicle.

 

The car was bought with a subprime loan (believe Santander has the loan now). Now the car is acting up. However, the car is still covered by the Ford factory warranty.

 

If she takes it in to a dealer for service, will there be unintended consequences? Seems to me that Ford is the one liable for the service and has no interest in the car. The lender paid for the car, and the lender isn't Ford Credit. However, I don't want to advise that she takes the car into a giant trap.

 

Any advice/experience/etc would be greatly appreciated! Hope everyone is having a great holiday weekend ;)

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The warranty issues are probably not a defense to the car being repoed. Check your state laws real carefully as you might have some recourses under lemon laws. The lender could probably repo the car when it is at Ford for repairs. The best approach is to keep paying the car loan according to terms even though it may not even run. (I know that may not be realistic as one might need the car payment for at least temporary auto transportation)

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I would not either but (not very likely) but the lender could (depending on the state) get an ex parte attachment order or writ of replevin. It's not likely that the lender will go to the hassle to have the sheriff coming out to pick the car. If you can't make the car payment because of warranty issues then you are probably better off communicating with the lender. MarvBear is probably right that a dealer service departiment is not likely to voluntarily turn a car to the lender. The car probably won't get repoed in the service department but that doesn't solve the problem of the late payments.

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The issue making the payments isn't due to the need for service. The payments are VERY behind due to irresponsible spending by our friend. It's a separate issue. But they're in a very tough financial spot that makes the idea of having the repair done under warranty very appealing.

 

My main concern was a personal lack of understanding regarding the relationship between dealer service departments and lenders in a case like this. In this case the lender is third party to the whole situation and I really don't see the connection. The car would also likely be taken for service at a different dealer than it was purchased at originally.

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