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Chris T., JD
Chris T., JD, Attorney
Category: Legal
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Experience:  Experienced in both state and federal court.
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i co signed for an auto loan with my ex-girlfriend, we are

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i co signed for an auto loan with my ex-girlfriend, we are both on the loan,the car is registered under her name ,and the insurance under my name,she is the only one on the title,
i had changed the insurance to my name cause she was going to put me on the title , so i could register the car under my name , we separated 9 months ago and now i got a new girlfriend and she is pregnant,the news got to her ,and she is asking for me to pay off the car or refinance ,and on top of that ,she also asked for money to transfer the car to my name, obviously i did not agree,so she took the car from me today ,the car ,that i made the deposit to buy it and all monthly payments had been paid on time... now i have no car for work and have to keep making the payments of the car that i dont even have anymore,she is crazy ,she wants revenge for been rejected from me.
im afraid she reuturns the car to the bank, i do not want to get a credit hit,also do not want her to keep using the car that im paying
what should i do,is there anything that i could do to get the car under my name... i bever missed a payment....
Submitted: 1 year ago.
Category: Legal
Expert:  Chris T., JD replied 1 year ago.

TexLawyer :

Good afternoon. I'll be assisting you with your question.

TexLawyer :

Is she capable of making the payments?

Customer:

i dont know,i acuatlly don t think so

TexLawyer :

OK. Absent some other kind of agreement, if you continue to make payments, you will not be able to claim title the title is paid off. Since the vehicle was originally purchased for her benefit, any payments you make will likely be viewed by a court as a gift.

TexLawyer :

As such, you have basically two options (assuming you don't want to buy her a car):

TexLawyer :

1) you can stop making payments and hope she picks them up so you don't take a hit on your credit. If she doesn't, unfortunately, you will.

TexLawyer :

2) you can make an agreement with her that she will give you title if you continue to make payments. you would need to get that agreement in writing.

TexLawyer :

However, she needs to understand that you will not continue to make payments on a vehicle solely for her use and to become her property.

Customer:

i believe she will return it to the bank ..... i cant make payments and keep insurance if i cannot use it,the only problem is that i will have a credit hit, and i dont want that, i had tried everyhting i could to get this resolved,and i know that if i pay off the car she wont transfer to me

Customer:

will she have a credit hit to? or only me?

TexLawyer :

You will both take a credit hit since you both signed the agreement.

Customer:

i wish i could do something to get the car back,iv payed 14thousand already and thre is still 14 to go

TexLawyer :

You could agree to allow her to use the vehicle for a certain period of time after you pay it off, at which point she will transfer it to your name. That way, she has some incentive to transfer it to you and you don't have to take the credit hit.

TexLawyer :

Of course, you would need that agreement in writing.

Customer:

she will not do that i am sure,her life is to make my a misery.....

TexLawyer :

Then when you stop making payments, she will be out of a vehicle and take a credit hit. At least by making some kind of agreement, she will get something out of it.

Customer:

if i do stop the payments and cancel the insurance , will she be able to try to make me accountable for having her get a credit hit ,and will she be responsable as well to pay whatever is we own to the bank ,since she is in the loan as well

TexLawyer :

No, she cannot take legal action against you for ceasing payments.

TexLawyer :

If you stop paying, the obligation will then fall to her. If she doesn't pay, then the bank will likely repossess the vehicle.

Customer:

also when she came to get the car ,my pregnant fiance was home and they argue only, and she called the cops ,and told them that she "breach of peace" to them ,and now on top of that my fiance that has nothing to do with it will have to go to court,caue she was only tring to get my documents of the car,and my ex did not allow,so they argue and she lied ,and her friend that was with her became her false withness

Customer:

and now my fiance wnet to her moms house and told me that she is really streessed out ,and is having a bleeding due to her risk pregnancy, can i sue my ex for all this,

TexLawyer :

No, you (or your fiance) cannot sue your ex over the stress she's caused. As far as the police situation is concerned, since there was no arrest, there would not be any benefit in suing over the lies she told.

TexLawyer :

Also, dragging your ex into litigation would likely make the situation worse for both of you. The best thing you can do at this point is try to limit your contact with her as much as you can.

Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 3804
Experience: Experienced in both state and federal court.
Chris T., JD and 18 other Legal Specialists are ready to help you
Expert:  Chris T., JD replied 1 year ago.
One option I forgot to mention earlier is for you to allow the vehicle to get behind on payments, and then you will have a right to repossess the vehicle, in the same way the original creditor could. When that right arises is dictated by the contract and the creditor is obligated to give you notice of when that right arises. If that is something you wish to pursue, you should contact the original creditor to see when your right arises.
Below is more info on your rights as a cosigner.
http://www.nolo.com/legal-encyclopedia/repossessed-cars-what-happens-the-cosigner.html
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 3804
Experience: Experienced in both state and federal court.
Chris T., JD and 18 other Legal Specialists are ready to help you

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