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Baja Bucko
Nomad

Posts: 288
Registered: 9-23-2003
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Drivng that new truck to Mexico-things I did not know....
So my old truck had too many Baja miles and I had to get a new one. Been traveling the peninsula for over 40 years and always drove paid-for trucks.
Well, new one is not paid for and I am getting ready to head south to ride mules again. It seems the BIG name car credit company will not allow my
truck to go to Mexico for more than 30 days and it will not cooperate with my insurance company over certain things even though I get Mexican
insurance and the US is irrelevant. In case of an accident proof of ownership is critical and just the registration is not accepted in Mexico from the
folks I have talked to-including a few who had accidents down there. So the lien holder of my unpaid for truck refuses to give ME permission to cross
the border. OK-I know most of you would just say screw them...but I like to follow all the rules driving in Mexico so this has me boiling....who
woulda thought..... 
My other 4WD is a Baja Mule!
La Mula Mil Survivor 2013-2014!
1000 miles by mule from the tip to Tecate!
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Lee
Ultra Nomad
   
Posts: 3593
Registered: 10-2-2006
Location: High in the Colorado Rockies
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Quote: Originally posted by Baja Bucko  | So the lien holder of my unpaid for truck refuses to give ME permission to cross the border. OK-I know most of you would just say screw them...but I
like to follow all the rules driving in Mexico so this has me boiling....who woulda thought.....  |
Lien holder is owner with you until lien is removed. Not knowing you need permission to go South might be spelled out somewhere that you missed.
Since you know what's required now, you need to follow the law. Your lien ''contract'' is probably voidable making your balance due and payable
if you get in trouble and they find out about it. (Accident...)
I'd think, but might be wrong, that this stuff is negotiable with the lien holder. I.e., you're only driving 50k into MX, vehicle would be
garaged, etc. But it could be black/white too.
An option might be getting another loan that doesn't have the SOB condition.
Nomads would say ''screw them'' and break the law? Nah.
US Marines: providing enemies of America an opportunity to die for their country since 1775.
What I say before any important decision.
F*ck it.
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willardguy
Elite Nomad
    
Posts: 6451
Registered: 9-19-2009
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how come nothin can ever be easy
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David K
Honored Nomad
       
Posts: 65257
Registered: 8-30-2002
Location: San Diego County
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Mood: Have Baja Fever
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Take the truck back!
Seriously, you got it for Mexico trips.
Many (most of?) of us get 4WDs because of Baja, for Baja. It is your truck and if it has full insurance the lender gets paid!
Even when I leased new Tacomas (from Toyota Carlsbad) I made it clear before signing the truck was going to Mexico right away. They told me, a lease
is the same as a purchase and one must be fully insured, that's all.
My third Tacoma is now a purchase (from the lease), from a Credit Union... It is still my truck and fully insured when in Mexico (and here).
Go back to the dealer and cry foul!
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Bob and Susan
Elite Nomad
    
Posts: 8813
Registered: 8-20-2003
Location: Mulege BCS on the BAY
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Mood: Full Time Residents
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maybe that's a Canadian law but not in the usa...
a lien is just that...a lien on the truck
the lienholder cannot tell you where to go with the truck after purchase
as long as you are insured the lienholder has no say in how you use the truck
I just had a similar conflict with a usa state where a worker was making up rules : )
I suggest you contact a lawyer for a free advice session...
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Baja Bucko
Nomad

Posts: 288
Registered: 9-23-2003
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I live in the US.
My other 4WD is a Baja Mule!
La Mula Mil Survivor 2013-2014!
1000 miles by mule from the tip to Tecate!
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TMW
Select Nomad
     
Posts: 10659
Registered: 9-1-2003
Location: Bakersfield, CA
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When I purchased my used 2004 Tacoma in 2010 it was financed thru ALLY which I think is formerly GMAC. Anyway I called them and told them I was going
to Baja and they told me to fax or email a copy of my Mexican insurance policy, which I did, and everything was OK.
Baja Bucko maybe you should look into financing thru another company.
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CortezBlue
Super Nomad
  
Posts: 2213
Registered: 11-14-2006
Location: Fenix/San Phelipe
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Get a DL policy. They don't ask for any ownership of the vehicle(s) you are driving
Before I get corrected, this is for liability only. So if your truck is stolen or wrecked, you are out
[Edited on 2-13-2016 by CortezBlue]
“Two things are infinite: the universe and human stupidity; and I'm not sure about the universe.”
- Albert Einstein
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We put the FUNK in disFUNKtion
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Bajahowodd
Elite Nomad
    
Posts: 9274
Registered: 12-15-2008
Location: Disneyland Adjacent and anywhere in Baja
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I'm thinking that if you buy your insurance through a California excess broker such as Bajabound, you will be covered regardless of what happens, you
will be covered simply because when you apply, you will list the legal owner as well as yourself. Geoff ought to chime in on this.
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Bob and Susan
Elite Nomad
    
Posts: 8813
Registered: 8-20-2003
Location: Mulege BCS on the BAY
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Mood: Full Time Residents
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his (Geoff) site says you need a letter...this just isn't true
as long as the truck is registered and you comply with the insurance requirements for the loan and make your monthly payments...
you are good to go
the 30 day thing comes in because in most states in the usa you need to transfer title to the state you domicile the truck in and follow that states
rules after 30 days
can't do that in mexico without importing it and the years for import are 2011 to 2007...the title has to be clear too
a bank cannot cross into mexico to repo a truck either
so if you stop paying the monthly bill is almost always a loos for the lender...they don't like that
most people have a lien...its the way it is
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David K
Honored Nomad
       
Posts: 65257
Registered: 8-30-2002
Location: San Diego County
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Mood: Have Baja Fever
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Quote: Originally posted by Bob and Susan  | maybe that's a Canadian law but not in the usa...
a lien is just that...a lien on the truck
the lienholder cannot tell you where to go with the truck after purchase
as long as you are insured the lienholder has no say in how you use the truck
I just had a similar conflict with a usa state where a worker was making up rules : )
I suggest you contact a lawyer for a free advice session... |
This is it... It is your truck Teddi.. the lender just needs it to be insured so they get paid if you wreck it or lose it to theft, no matter where in
the world it is.
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rts551
Elite Nomad
    
Posts: 6700
Registered: 9-5-2003
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regardless of what some say here about full coverage...your vehicle will only be covered up to the assessed value. You owe more than that...you pay!
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bajaguy
Elite Nomad
    
Posts: 9247
Registered: 9-16-2003
Location: Carson City, NV/Ensenada - Baja Country Club
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Mood: must be 5 O'clock somewhere in Baja
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Full coverage also means legal representation, bail bond .......and in some cases a rental car while the insured car is repaired
Quote: Originally posted by rts551  | regardless of what some say here about full coverage...your vehicle will only be covered up to the assessed value. You owe more than that...you pay!
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mtgoat666
Select Nomad
     
Posts: 19775
Registered: 9-16-2006
Location: San Diego
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Mood: Hot n spicy
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Quote: Originally posted by Bob and Susan  | his (Geoff) site says you need a letter...this just isn't true
as long as the truck is registered and you comply with the insurance requirements for the loan and make your monthly payments...
you are good to go
the 30 day thing comes in because in most states in the usa you need to transfer title to the state you domicile the truck in and follow that states
rules after 30 days
can't do that in mexico without importing it and the years for import are 2011 to 2007...the title has to be clear too
a bank cannot cross into mexico to repo a truck either
so if you stop paying the monthly bill is almost always a loos for the lender...they don't like that
most people have a lien...its the way it is
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The loan contract is the agreement entered into by lender and purchaser. Bobby's advice to hire an attorney is silly. The op should read the
contract, it probably has conditions re taking car out of country. If that is unclear, then op should ask the insurance salesman what the typical
process is for auto loans, cars and travel in Mexico,...
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rhintransit
Super Nomad
  
Posts: 1588
Registered: 9-4-2006
Location: Loreto
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lein holder's permission is required for temporary import to mainland...have never heard of it being required for Baja.
reality\'s never been of much use out here...
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Baja Bucko
Nomad

Posts: 288
Registered: 9-23-2003
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I have talked with two people who have had accident issues in Baja...each said they eventually were asked to show the proof of ownership and the
registration would not work....that said IF there is an issue and every thing is not kosher, the insurance is invalid and there are serious judicial
issues there.
My other 4WD is a Baja Mule!
La Mula Mil Survivor 2013-2014!
1000 miles by mule from the tip to Tecate!
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David K
Honored Nomad
       
Posts: 65257
Registered: 8-30-2002
Location: San Diego County
Member Is Offline
Mood: Have Baja Fever
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Teddi, people drive new trucks to Baja ALL THE TIME and they are either financed or leased. I have taken all my new vehicles into Baja, while financed
or leased.
Baja Bound or Discover Baja Travel Club both sell the same brand of top rated Mexican Insurance. Neither one will lie to you as they are people we
know well for many years. TALK TO THEM.
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Bob and Susan
Elite Nomad
    
Posts: 8813
Registered: 8-20-2003
Location: Mulege BCS on the BAY
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Mood: Full Time Residents
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Quote: Originally posted by rts551  | regardless of what some say here about full coverage...your vehicle will only be covered up to the assessed value. You owe more than that...you pay!
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if you're upside down on a car loan you buy "gap insurance"
...it isn't that much money
then you are covered for the loss is totaled
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Bob and Susan
Elite Nomad
    
Posts: 8813
Registered: 8-20-2003
Location: Mulege BCS on the BAY
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Mood: Full Time Residents
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I didn't say that...
I said...
"I suggest you contact a lawyer for a free advice session..."
I think that's probably the BEST idea
everyone everywhere makes up different "rules"
get the real rule
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SFandH
Elite Nomad
    
Posts: 7362
Registered: 8-5-2011
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Baja Bucko, thanks for posting this. I'm considering a new vehicle. Decided to do a little Inet research. Found these:
"It is also important to note that many companies will not allow you to travel in Mexico with your financed vehicle for a period longer than 30
days."
https://www.bajabound.com/before/permits/lienholders.php
This page has a lot of info. Folks with financed cars should read it. It contains information specific to the various large lending institutions.
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If a vehicle is financed, then it is also subject to a loan agreement that was originally signed by you. If you are still making payments, or if
there is a lien holder listed on your vehicle registration, then the lender also maintains some ownership of the vehicle. Because the lender maintains
a financial interest in the vehicle, they also legally have a say in whether or not you can take the vehicle outside of the country.
https://www.mexpro.com/blog/driving-financed-vehicles-mexico
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[Edited on 2-13-2016 by SFandH]
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