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TJ, Esq.
TJ, Esq., Attorney
Category: Estate Law
Satisfied Customers: 12172
Experience:  JD, MBA
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I purchased a vehicle and the vehicle was put in my mother's

Customer Question

I purchased a vehicle and the vehicle was put in my mother's name but I am making the payments. I wanted to know what I can do to show that the vehicle belongs to me?
Submitted: 1 year ago.
Category: Estate Law
Expert:  TJ, Esq. replied 1 year ago.
Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions. You would need to have your mother sign the title over to you. You would then take the title to the DMV, and the DMV will issue you a new title in your name. However, if there is a lien on the title, then you'd have to show proof that the lien is paid off. Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.
Customer: replied 1 year ago.
I just purchased the car. I haven't paid the first payment yet. I wanted to know if there is anything I can do to legally document that the vehicle is mine even though it's in her name?
Expert:  TJ, Esq. replied 1 year ago.
Hi again. The car is legally owned by the person whose name appears on the title. If you are asking whether you can establish yourself as the owner of the car even if your name does not appear on the title, then I'm sorry that the answer is no. Having said that, you and your mother can enter into a written agreement whereby your mother agrees that even though the car is in her name, it is intended to be your car so long as you continue to make payments, and that she will sign the car over to you when the loan is paid off. If you were to have an agreement like that, then you'd be able to protect yourself in the future if your mother were to deny you the car. I hope that helps. Please let me know if you need further clarification, and please remember to provide positive feedback. Thank you.
Customer: replied 1 year ago.
That's what I am talking about. I don't think I will have any problem with my mother. The reason I want this is just in case something happened to her, I don't know how my siblings would react and if they would try to take the car.
Expert:  TJ, Esq. replied 1 year ago.
I see. The agreement that I described above should be sufficient. Just make sure it is signed by both you and your mother. I hope that helps. Please let me know if you need further clarification, and please remember to provide positive feedback. Thank you.
Expert:  TJ, Esq. replied 1 year ago.
Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue. If not, then please remember to provide a positive rating to close out this question (and please remember that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!
Customer: replied 1 year ago.
This is to certify that 2013 Chevrolet Malibu VIN # ***** was registered to (Mom's name), only for financing purposes. The 2013 Chevrolet Malibu VIN# ***** ***** to be (My Name) car so long as he continues to make payments. The car will be signed over to (My Name) when the loan is paid off.Is this sufficient and do the signatures need to be notarized?
Expert:  TJ, Esq. replied 1 year ago.
Hi again. I would word it more like this: This is to certify that in consideration for paying the loan # ("Loan") used to purchase the 2013 Chevrolet Malibu VIN # ("Auto"), (Mom's name) agrees that (My Name) will have full and exclusive use of Auto, and that upon payment in full of Loan, (Mom's Name) shall execute and release the title for Auto to (My Name), and take any other action necessary to allow (My Name) to re-title Auto in (My Name). Please let me know if you need further clarification, and please remember to provide positive feedback. Thank you.
Customer: replied 1 year ago.
Thanks. Do we both need to sign and do the signatures need to be notarized?
Expert:  TJ, Esq. replied 1 year ago.
Hi again. Yes, you would both need to sign. However, it is not necessary to have the signatures notarized.
Customer: replied 1 year ago.
I am not so much concerned about having any problem with my mom, I'm more concerned about my siblings if something was to happen to her. That's why I was considering having it notarized.
Expert:  TJ, Esq. replied 1 year ago.
Hi again. Notarizing in this situation is only helpful where there is a viable claim of forgery. But the burden of proving forgery is on the party making the claim. In other words, it wouldn't be your burden to prove that it wasn't a forgery. Accordingly, in most situations like this, the signatures are not notarized. For example, I'm sure your mother did not have to get her signature notarized when she took out the loan for the car. Still, if you anticipate claims of forgery, having the signature notarized would put that claim to rest.
Customer: replied 1 year ago.
Ok. As long as the signature on the form and the signature on the loan is the same, everything should be fine?
Expert:  TJ, Esq. replied 1 year ago.
Hi again. The signature will be assumed to be your mother's, unless there is evidence of forgery. For example, if a signature expert were to testify that the signature is a forgery, then you may lose in court. The testimony of a notary would likely defeat any testimony from a signature expert, however. "As long as the signature on the form and the signature on the loan is the same, everything should be fine?"The loan has nothing to do with the form that you want your mom to sign, so it seems unlikely that it would be of much help in proving anything regarding the signature.
Expert:  TJ, Esq. replied 1 year ago.
Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue. If not, then please remember to provide a positive rating to close out this question (and please remember that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!
Expert:  TJ, Esq. replied 1 year ago.
Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue. If not, then please remember to provide a positive rating to close out this question (and please remember that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!