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Marcus Parker
Marcus Parker, Attorney
Category: Bankruptcy Law
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On July 1st 2008, I co-signed for a loan with my boyfriend

Resolved Question:

On July 1st 2008, I co-signed for a loan with my boyfriend for a 2003 jeep wrangler. We live in the state of Florida. I am the primary co-signer. Both of our names are XXXXX XXXXX title, but I am not sure about the registration.

In Sept. 2008, we broke up and my ex boyfriend refuses to pay for the car. He took the car, without me knowing, and moved to Virginia. He still refuses to pay.

1-     Is there any way for me to get my name off of the car, since he is refusing to pay? And I do not want to pay for a car that I am not driving.

2-     If I can’t get my name off of the car, is there any way I can have his name off of the car so I can sell it? Is there anything that can be done?

3-     If I claim bankruptcy, will I be able to claim this in my bankruptcy?
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  Marcus Parker replied 8 years ago.

1- Is there any way for me to get my name off of the car, since he is refusing to pay? And I do not want to pay for a car that I am not driving.

 

You could sign the title over to him and take it to the DMV (or local tax office in Florida).

2- If I can't get my name off of the car, is there any way I can have his name off of the car so I can sell it? Is there anything that can be done?

You would normally need to obtain possession of the car before an intelligent buyer would want to buy it from you.

3- If I claim bankruptcy, will I be able to claim this in my bankruptcy?

Yes.

Customer: replied 8 years ago.
<p>He does not want anything to change. He wants me to keep paying while he has the car, he is not going to take sole possession of the car.</p><p>I am asking what I can do, since he will not take the car off my hands. Wouldn't he have to agree for me to sign the title over to him?</p><p> </p><p> </p><p>And if I can't have my name off the car, how can i take his name off?</p>
Expert:  Marcus Parker replied 8 years ago.

Of course he doesn't want anything to change; he is in the perfect situation. You must insist.

 

He presently has sole possession of the car. But you are on the title. If he wants the car, insist he refiance it so that you no longer are liable for the payments. Until he does that, I don't understand why you want your name off the title.

 

If he won't refinance, take the car and sell it.

Customer: replied 8 years ago.
I am sorry to keep emailing you, but I am in Florida and he is in Virginia. I can't take the car and sell it. I am trying to figure out my options and what actions I can take since he is in another state and unwilling to comply.
Expert:  Marcus Parker replied 8 years ago.

You could just stop making the payments, but if he doesn't pay they may come after you or it could harm your credit.

 

You could possibly have the title transfered to him, but that would not affect your responsibility to see that the payments are made.

 

You could arrange with a repo. company to sieze the car and then you could have it sold in Virginia. Do you owe more than the car is worth?

Marcus Parker and other Bankruptcy Law Specialists are ready to help you
Customer: replied 8 years ago.
Yes.