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I just bought a car and the loan is in my name but the registration is in my ex-boyfriend's name. The title was supposed to be in both of our names but my ex got the title and put it in his name only. We had a verbal agreement that I would keep the car and he would take our other vehicle. He stole my car in the middle of the night and left me with the old car. Will I have to take him to court? I stopped payment on the car but he will ruin my credit because he's not making the car payments. I want to get my name off of the loan. Please help!

2007-08-24 04:44:30 · 9 answers · asked by Willow 2 in Politics & Government Law & Ethics

9 answers

I would sue him for the title to the car. The fact the loan is in your name should help you alot. The other thing to do is rekey the old car. Go to the bank and tell them you want to surrender the new car and then give them a set of keys and tell them where to find it. I like the first better, but the last choice is to keep paying off his car.

2007-08-24 04:53:24 · answer #1 · answered by Songbyrd JPA ✡ 7 · 1 0

Do not stop payment on the car, it will ruin your credit. Stay in good standing.Talk to the bank. Talk to the police dept. Call the DMV. File in small claims court and have all your paperwork. Including all the car payments you made. Sue him for the entire amount of the loan and for all the pain and suffering. If you want to get all the information to the judge correct go talk to a lawyer. They will be able to help you handle this and win.With title in his name this could make for a even bigger headache. Let this be a lesson to be learned. Bless your heart.Good luck.

2007-08-24 05:12:07 · answer #2 · answered by queenofcups31 3 · 1 0

There really is more than one issue here, there is 2! Your credit is very important: it gets you another car someday, a cell phone, a credit line to buy a bedroom set, AND it even gets you into your next apartment now that you broke up! So consider the 2nd issue first...do you want to let your credit go? Remember, even if you let the car get re-poed (voluntary or not it makes NO difference) you WILL owe the balance (usually about 30% of what you currently owe) on top of it being a MAJOR mar on your credit. Your boyfriend NEVER has to deal with this. You have to deal with this no matter how frustrating and confusing it gets.

Now, back to your first question. This could surprise you, but if the dealer tilted the car in your boyfriends name alone (and it is the dealership who does this paperwork for you at the point of sale), and IF you indeed are the only signature on the loan...then this loan could be void and the dealership is liable to the bank for the balance of the loan.

This is because this type of loan is considered a collateral loan (the car is the collateral). Technically the bank owns the car until the debt is paid. You can see this by looking on the title where it says "Lean holder: ABC Bank" The dealership is licensed to act as a representative of the bank. It is illegal for the dealership to draw legal documents binding you liable for a collateral loan ..AND then give title (legal ownership) to a unaffiliated third party. Dealerships have paid balances in full due to missing signatures before, and this sounds a hack of alot more than just a missing signature!!

Now here is what you to do!!!

1) Call your bank and report the car stolen --yes stolen. Demand a faxed copy of the actual title so you can file a police report. No matter what they say, dont tell them anything AND I MEAN ANYTHING until they fax you a copy of that title. PERIOD. If they catch wind of the dealerships mistake....they could very well try and hide the fact and srew you!!

2) You then, with copy of title in hand, make sure you confirm who is on the title, exactly who.(a) if the name is your boyfriends, like you say, than I suggest calling the better business burue. This debt, in this case, is NOT legally yours because you NEVER got the car (in legal terms) and the dealership illegally gave it away!! The BBB can arbitrate for you. However I suggest you call a lawyer! If funds are low, get pre-paid legal and get them to advise you(they are better than nothing and they will write a letter to each the dealership AND the bank..for free!--that always gets people listening to you!!) I am not a lawyer but this loan can be completed voided for improper lending practices. There are regulatory agencies that the Better Business Burue can point you to to make complaints. Did you get me? You can wipe this loan off the books and off your credit for good! ...but dig in deep, it will take time and lots of effort--no one will be on your side. However, if your right, you are NOT at fault. Your car was NEVER yours!

(b) if you ARE actually on the title ALONE (and it is just registered with the DMV in your boyfriends name, then..this will be fun for you...just call 911 and report it stolen!! When the police come, show them the title. :) They may say it is a "civil dispute", but because you dont live together and you were never married...it is NOT. You can politely demand that they file your complaint! (dont take no for an answer on this one, even if they wont go find out, they by law HAVE to take your statement and file a report. (((please note, in this case, this is where you need to consider my very first paragraph about paying your bill!! It is up to you and see below)))

3) Lastly, I would demand your rights from the dealership, with a lawyer, the BBB, and in person (DO NOT go alone, you need witnesses to what exactly they tell you!) but they will insist they will "take care of it" and back peddal they did NOTHING wrong, to include lie to your face!!! They will try and get it back in your name ---do NOT do that! That is them forcing you to assume the loan that IS VOID due to their error--you want out of it!! They handed a car to the WRONG person--deal with it :)

2007-08-24 19:26:50 · answer #3 · answered by Anonymous · 0 0

Something is seriously wrong with this picture. If the loan is in your name only, so should the title be. I would have a talk with the company who granted the loan as they will be listed on the title as a lien holder and would, therefore, have to sign off on any title changes applicable to that particular vehicle.

2007-08-24 04:56:00 · answer #4 · answered by Anonymous · 1 0

Check with the bank and the loan origination officer, explain you difficulties, the bank should be holding the title for the vehicle or be listed as a lien holder on the title.

If you have any difficulties with the bank, see an attorney immediately and you just might see one to have your obligations and liabilities fully explained. Remember, the bank is interested in money, not your reputation.

Court might be your only answer.

2007-08-24 04:55:35 · answer #5 · answered by jack w 6 · 1 0

You need to go to the bank because they should have never issued a title in his name if the loan is in your name. That is against the law. The car is there collateral for the loan. The bank will work it out for you.

2007-08-24 04:51:05 · answer #6 · answered by aintlifegrand 4 · 1 0

I would call the company you have the loan with. they are the ones that have the title, since they own the car until you pay them off. I would tell them you forgot to put your name on the title as well. since the loan is in your name, will do it for you.

2007-08-24 04:56:59 · answer #7 · answered by lawgirl01 1 · 1 0

I would get someone to go kneecap him with a tire iron.

If you stop payment, it might leave a mark on your credit - but it will be funny to watch when the car gets repo'd and he is left without a car.

I would maybe start by discussing it with the bank, and let them know what is going on - they might be able to clarfiy the situation. Since the car is financed - they actually hold the title.

2007-08-24 04:53:59 · answer #8 · answered by Anonymous · 0 1

Well first of all, How was it possible for him to get registration under his name if the bank loan was under your name only?? That is not right. so that's the first thing you need to fix.

2007-08-24 04:52:42 · answer #9 · answered by evelyngrz 3 · 0 1

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