May of 2006, My boyfriend (now ex) and I agreed to purchase a Truck for his use/business. The agreement was I would put the loan in my name (using my credit) and he would make the payments and he would pay the tax/title/tags. I was at work we went to the bank and i took out a loan got a check for $16,500 went back to work. He went to the car place with the check and was to pay for tax/title/tags cash. July i received the title and saw a lien on my truck for $500.00, I went through the papers and saw that HE (my name is XXXXX XXXXX it) signed an agreement independently with this car place that he would make 3 monthly payments (owed $1142.00, agreeing to add $500.00 as an loan fee )for a total of $1642.00. Outraged i immediately went up and paid the $1142.00. Can they legally put a lein on MY truck that was paid in full to them for t/t/t that HE agree to pay over a few months. The truck is in my name only and i did not agree.
If the truck is in your name they had no legal right to put a lien on the title.However, in addition to legal title there is also something called "equitable" title. If, for instance. your boyfriend has been making the payments and the agreement betwen you was that it was his truck even though it is in your name then a court could rule that, in fairness, he had the "equitable" title to the truck.This is probably more information that you really wanted because under the facts you gave the truck was not in his name and he had no authority to contract with them in a manner that allowed a lien to be placed.Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Always feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.
Reply to Texas Atty's Post: We broke up that August (06)and I allowed him to use the truck if he made the payments (truck/insurance) and kept it in maintained. He did make payemtns however, did not insure the truck (i had it covered) that following Sept 07, I received a call that both windshields were broken, so i told him to drop it off to me and i would have my glass coverage fix it. at that point i saw the inspection sticker was from May of 07 and a temporary rim was on it/worn tires. Seeing he was not maintaining the truck, i repo'd it for lack of a better term. I went to get it inspected and It will now cost me over $3,000 in repairs to get it in "running" condition, plus the monthly payments i continue to maintain. Do i have grounds to sue him for repairs, the tax title, tags? also do i sue the buy here pay here or my x bf for the $500 to have the lien removed? thank you in advance
I think you have grounds to sue him for negligence and breach of contract. TO save costs I would sue the ex and the lienholder in the same suit.Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Always feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.
Began practicing in 1992 and helped a number of businesses with litigation
Thank you so much for your assistance, you've been great!
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