Friday, April 30, 2010

Can a vehicle lease in my name be cancelled if my husband gets deployed?

My husband will be getting deployed here within the next little bit, which has brought me to my question. My husband and I have two vehicles that we lease, if he gets deployed however, we will not need both of these vehicles, so my question is under the SCRA can we cancel the lease that we have on one of the vehicles even though the vehicle is under my name?Can a vehicle lease in my name be cancelled if my husband gets deployed?
Nope. In the event it was just in his name it doesn't release him from his obligation to still pay the debt. It just means ha can't be forclosed on or repossed.





http://www.jag.navy.mil/documents/SSCRA.…





Who is protected?


Members of every branch of the U.S. Military, National Oceanic and Atmospheric Administration (NOAA), and Public Health Service (PHS), whether officer or enlisted, who are on active duty or who are in training under the supervision of the United States just prior to entering active duty are entitled to the protections and benefits of the SSCRA.





Dependents of Service Members


Dependents of military personnel may apply to a court for limited protections under the SSCRA concerning rent, installment contracts, mortgages, liens, assignments, and leases.








Installment Contracts


The SSCRA also protects service members from creditors repossessing property, rescinding contracts, or imposing penalties without first obtaining a court order for members who signed an installment contract for the purchase of real or personal property if the following three conditions are met:





1. the installment contract originated prior to active duty;


2. the service member paid a deposit or installment payment prior to service; and


3. the member’s ability to make payments is “materially affected” by the member’s military service.





Again, courts will generally stay the repossession or rescission, or provide other equitable relief where ability to make installment payments is “materially affected” by military service.Can a vehicle lease in my name be cancelled if my husband gets deployed?
No.





#1. You can not cancel the lease on the car that is under your name. You are not in the service, you are not being deployed, you are not having any change in your situation. You are not covered in any way, shape or form in getting out of the lease due to his being deployed.





#2. The Soldiers and Sailors Relief Act applies to contracts that he had BEFORE he joined the service which become a burden on him as a result of joining. It does not apply to his dependents and contracts they signed. If the other vehicle was leased BY HIM prior to joining the service and his name is the only one on the lease then he can invoke the act and get out of the lease.





#3. If he leased the car after he joined, he can not invoke the act even if his name is the only one on the lease.





Other than above, your only chance is to read the lease carefully and see if there is anything in the lease contract that allows you to get out of it early.





As with house and appartment rental contracts, service people need to remember that a military clause in all rental agreements/leases can save them a lot of trouble in situations like this. If you have one in the contract you can easily get out of the contract when you get reassigned or deployed.
Having worked for a ford dealership I would tell you to contact the lease company that you went through originally. Depending on how soon your lease is up you may be able to turn the vehicle in early at no penalty. I have seen it happen in the past. Remember though there is no guarantee that they will take it early.


They might also be able to work something out with you. If you go back to the dealership beware. They might give you a whole different story as to what your options are ( it's all in there best interest to screw you and make more money.)





Call your lease company, they know all the outs.
For sure if it is in your husband's name but since it is in yours call the leasing company or read the lease agreement. If I were you, I would try to add his name to the lease.
if only your name is on the lease, no. if both of your names are on the lease, possibly.
I don't think so, because usually there are protections for just such contingencies.
Well, it's in your name, and you're not being deployed so that might be kind of a tough sell.

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