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Sam
Sam, Attorney at Law
Category: Legal
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Experience:  More than 20 years of experience practicing law.
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I co-signed a car loan for someone. The note has been satisfied

Customer Question

I co-signed a car loan for someone. The note has been satisfied but my name remains on the title as co-owner. It was to be removed by owner but to my surprise, I got a letter of proof of insurance. The owner has disappeared and my guess has moved to another state with the car. How can I legally remove my name from this title without the owner's consent? I am being held accountable for the fees accumulating due to no insurance since April 2013. I need help as the MVA is threating to cancel my registrations I have on my other two cars, jointly owned by my husband and myself. How can I resolve this and remove myself from any legal responsibility connected with a car and its owner that have disappeared and is probably gone out of state with this vehicle. Any advice is greatly appreciated.
Submitted: 3 years ago.
Category: Legal
Expert:  Sam replied 3 years ago.
Welcome and thank you for your question

I am an attorney with more than 25 years of experience and I look forward to providing you true and correct information in this regard.

Please remember, I can only answer what you ask and so if you have follow up questions, please post them here for full and accurate information before rating. If there are no other questions in this regard then I thank you in advance for your positive rating

Yes you will need to get a Writ from the court ordering the DMV to take your name from the title. You will need the evidence that the lien has been paid in full and that you do not have anything further to do with this vehicle.

To file for the Writ you will need to have a local attorney or try to draft it yourself. There are no forms for you to simply fill out and file with the court. This link may be of some use for you albeit from Calvert Co the process is the same through out the state
Customer: replied 3 years ago.

Thank you for your response, but I have no evidence that loan was satisfied. I have no way to reach owner to get any information.

Expert:  Sam replied 3 years ago.

Hello

Do you know who the loan was with? You contact them and request a copy of the Release.


And if you don't know. DMV should have them listed on the title as to who the lender is

 

They also might have the Release. So you can ask them about that.

 

But you need the Writ to remove your name from the title

Customer: replied 3 years ago.

Can MVA cancel my registration on my other 2 cars that are jointly owned with my spouse under our current Allstate policy? How can I prevent this?

Expert:  Sam replied 3 years ago.
Hello

If you are paying the insurance on the other policy, it will be up to the insurance company to cancel you and then the MVA will be able to revoke the registrations. Now, the MVA may inform Allstate or whoever your insurance company is of the situation

And the only way to prevent that is to get the Writ and then that orders the DMV to remove your name from the title as well as waive all those fees and charges which are showing on your record.
Customer: replied 3 years ago.

Should I inform my insurance company to give them a heads up?


When I go to the court house, I tell them I'm there to file a Writ? Will the walk me through the process?


 


I am going to MVA today to try and cancel the tags and speak with a rep from the Insurance Unit.


 


I am very nervous about all of this. I try to do things the right way and now I'm in this mess!


 

Expert:  Sam replied 3 years ago.
Hello

1 - You can consider calling your insurance company and let them know what is going on and the steps you are taking to rectify it

2 - If you go to the clerk of the court, then cannot give you legal advice either - but you can ask them for a sample of of A Writ for Mandamus they can pull that from another case. Or they can direct you to a legal forms/pleading book so you can see how it is done.

3 - If you have tags to the car to return to the MVA/DMV then they should accept the return of the tags - but that will not necessarily remove you from the title and/or waive the fees and charges already pending

I am sure it is nerve racking and it is a shame you do not know where the other person is so you can simply have them let you sign off on the title to them.

Expert:  Sam replied 3 years ago.

Hello

 

Is there other information you need in this regard?