I was arrested for a warrant I was not aware of. my BMW X5 was towed to impound.
What did you learn about the warrant you weren't aware existed subsequent to your arrest and booking into the county jail?
How many payments does the lender claim you were behind on the note?
how can they take it from a police impound auction it before I missed a payment?
Here's a little about the auto repossession process in Arizona.
How Many Payments Can I Miss Without Risking a Repossession in Arizona?
Car repossession laws allow a creditor to repossess a vehicle at any point after the borrower defaults on the loan. A default can result from one or more missed payments, or it can result from the borrower violating other terms of the loan agreement. For example, if you don't carry the required insurance coverage on your car, you may be in default of the loan terms. You can check your car loan contract to see exactly how it defines default.
Will I Be Notified Before the Repossession? How?
Under Arizona law, your creditor doesn't have to notify you before repossessing your vehicle. The lender may send you a late payment notice that includes a reminder of your risk of repossession, but they aren't legally required to do so. Arizona repossessions are allowed to be "self-help," which means they can take place without a court order.