Is it possible to dismantle a car and sell the parts even though the car is still on a loan in Illinois or any state?
My thinking is that the car is still owned by the bank that the loan is through. Can I do whatever I want because the car is in my possession?
No, because you are affecting the car's value by selling its parts. The car is collateral to the loan, so if you don't make the payments, the lender has the right to repossess and resell it to recoup their money. If they are unable to recover at least the outstanding balance of the loan through resale, you will be on the hook for the difference. This is called a "deficiency balance".
Simply having possession of something isn't adequate basis to decide you can do whatever you want with it. You have physical possession, but the lender is the first lien holder on the title until the loan is satisfied.
Late reply, but tired of always seeing the same false answers. And Daniel’s examples aren’t accurate because it doesn’t have anything to do with your question. In reality it’s just the bank suing the owner, there’s no laws broken. It’s just the bank suing to get their money they’re owed because the collateral doesn’t have much value after an accident. So examples really just reinforce that it’s not illegal, just that the bank can sue for the difference owed when they auction the car. End of the day, you own the car. Simply the car is collateral to secure the loan they gave you to buy the car. But you still own the car. Same reason why if you default they can’t go after you for theft. They can repo the car by law, but are super limited even in that respect. I.e. they can’t enter private property to retrieve the vehicle. They really can only sue you for what you owe them if they can’t recover the car. You cannot be charged with theft. So while it may be immoral, it’s not illegal. All these people saying it’s illegal are confusing morality with legality. If they can track down certain parts, they may have claim to recover those parts. But that’s about it. Again, can’t charge anyone with theft or a crime. Most of the time the cost of recovery is more than the value of the car or parts so they simply sue you or charge it off. People really need to stop stating things that is their moral opinion as if it’s law or fact.
