Can they repoe my car?

Question

ok so this is how it started. my very abusive x boyfriend took out a car loan as if he was going to purchase my car. the bank sent the check to me and in exchange i was suppose to give him the car all though that was never his intention. i cashed and the check and gave him the money. he gave me a portion and for a year now he has been making payments. now that we have broken up and he has lost his job he wants to take my car and sell it so that he can pay off the loan. even thought the cars registration insurance and title are in my dads name he said that he was getting a lawyer and taking the car. can they repoe my car?

Answer 1

If you still have the title to the car, and if the bank was stupid enough to make a loan on the car without securing the title, then he has no claim whatsoever. If the title was in your dad's name, the bank could not put a lien against it without your dad's approval. Sounds to me like he simply has a personal loan that he will have to repay.

Check with your department of motor vehicles and see if there is a lien posted against the car. If so, and the car is still in your dad's name, then you pay off the loan and the car is still yours (your dad's). If there is no lien against it, there is no way anyone can take the car for any reason - it belongs to the person whose name is on the title.

Answer 2

OK.. here is the way it hangs.

You and he have an oral or written agreement that he is going to buy the car from you. If it is oral then I am assuming you are acting honorably in agreement with its terms.

You have taken out a loan (you ..not him).

You have given him some money and he has given you some back as a down payment.

When he finished paying off your loan was it your intention to give him the car? In which case what do YOU get for the car.. just the portion he gave you up front? If so read on.

The car is yours until he pays off the loan. If he wants to sell it before that he must have your (dad's ) permission or authorization or he must find a buyer to pay off the loan so that you or your dad must give him the pink.

If he has possession of the car now, he can do that. If YOU have possession of the car now and if he is current with his payments then, baring any other agreement, he is prob. entitled to take it...but that is not REPRO.. just his car.

BUT.. your dad should not be the registered owner. If your ex has an accident they will expect your DAD to pay. So here are some options.

1) If he is current with the payments, give him the car but have the title transfered first to show your BF as the Registered but not Legal owner.

2) If he is not current with the payments say no. Be aware that the bank can come after the car if you pledged it as collateral for the loan.. (THEY can repo it). If he is not current, YOU can sell the car if you dont want it, but then you will need to decide if you ex has any equity in the car (if he made half of the payments, for example, he might be entitled to half of the net of the sale after paying off the loan).

Keep in mind the question of... what If the car sells for LESS then the amount owing? Is he still going to pay you the balance? How will you know what it sells for if HE sells it.?

ok.. ?

You need to decide... but take a long hard look at the financial responsibility of having an accident first.

.

Answer 3

Well, since you are deep in a big pile of FRAUD I suggest you ask a lawyer. Only the bank can repo the car -- which they WILL if the payments aren't made. They don't care anything about your situation.....

Answer 4

if the bank has the title and you have a memo title yes they can and will if the loan is in default

Answer 5

This sounds like a can of worms! I suggest you take it to judge Judy. What a mess! Why oh why do people get themselves in these pickes?