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Attorney & Mediator
Attorney & Mediator, Lawyer
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Experience:  Attorney & Certified Mediator
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I cosigned a loan and her car was used for collateral. She

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I cosigned a loan and her car was used for collateral. She has defaulted on the last three payment and I have made them. I now know she has let her insurance laps and has no current registration. She will not answer my calls. What forms do I need to get the car in my possesion. I know where she is working
Submitted: 5 years ago.
Category: Legal
Expert:  Attorney & Mediator replied 5 years ago.
Can you tell me who is named on title to the vehicle?

Thanks
Customer: replied 5 years ago.
Her name and mine are on the title on the papers from the bank. I have gone to MVD to obtain a copy of the registration and found that she had never had her ex-husband sign off on the registration she had when I cosigned. She had been told by the bank to get this done,but did not do it. When I was at MVD I was told the registration had expired. Hope this information helps
Expert:  Attorney & Mediator replied 5 years ago.
Okay, can you title me if the title says you and her as owners or does it say you or her as owners?

Thanks
Customer: replied 5 years ago.
I do not have a copy of the title, but when I spoke with the bank about this problem they told me that the title said "and" when I asked what I should do they said the car was mine and that because there was not insurance and that she had defaulted in 3 payment I should get the care in my possesion. The have put collateral insurance on the loan. I have a copy of the loan paper and a copy of the expired registration. These document show the VIN #, plate. and description of the care
Expert:  Attorney & Mediator replied 5 years ago.
Thanks for the reply.

Yes, since your name is XXXXX XXXXX you can take possession of the vehicle. Since registration has expired you can register it in your own name. I was asking about the "and" and "or" since that makes a difference if you wanted to sell the vehicle or transfer it over to some one else. The "and" in the title would means that you would not be able to sell it or transfer it without her signing off. As to the loan if you can qualify for the loan by yourself, see if you can get the lender to change it over to you solely, so your credit is not placed at risk. I seriously doubt she would be entitled to anything back as she is the defaulting party and as a co-signer you have the same rights to the vehicle.

Just because she used her other vehicle as collateral does not mean she has higher ownership rights than you. Right now as title is worded you both have the same equal rights and yes you can repose the vehicle.


If I have been helpful, please click Accept for my time and research. If you need more help, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. . You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be reproduced without the consent of the owner. Thank you.

Customer: replied 5 years ago.
What forms do I need to fill out so that I can file a civil case. IThe court tells me there is a fee of $107.00 to file, but I don't know the neame of the forms to fill out. They were not very helpful other than to tell me the fee and that I need cash or money order. Not alot of help
Expert:  Attorney & Mediator replied 5 years ago.
A civil case? I am not understanding, what is it that you want to do in court? Right now, you can take possession without going to court. Please clarify, thanks
Customer: replied 5 years ago.
I guess my question is, how do I get the possesion of the car. Do I have a tow truck pick up the car or do I approach her at work and demand the keys to the car.
Expert:  Attorney & Mediator replied 5 years ago.
Legally you are the joint owner of the vehicle, you should be able to take the vehicle back without any court action. You can demand the keys from her, but it is unlikely she will give them to you. You can hire a tow truck to repo the vehicle for you and place it on your property where she cannot have it. If the goal was to sue to get title turned over to you, it would be best to either take over the entire loan or pay off the loan, so that you have greater rights to demand in a lawsuit that ownership be handed over. You would have to work that out with the lender first. If you are just going to pick up the car but the loan agreement remains the same, then there is not much weight you can argue as to why title should be transferred over to you.

If you want the vehicle sold, then you might have to sue to get it sold through public auction, since her name is XXXXX XXXXX title, but a lawsuit is generally not required if it is clear you are a joint owner on the vehicle.


Contact your local police to make sure you are following appropriate local procedures and see if you can get them to help you, although majority of the time the police does not get involved unless there is disorderly conduct.



If I have been helpful, please click Accept for my time and research. If you need more help, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. . You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be reproduced without the consent of the owner. Thank you.


Attorney & Mediator, Lawyer
Category: Legal
Satisfied Customers: 20012
Experience: Attorney & Certified Mediator
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