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I have a car loan that i had a freind be a co-signer ( and…

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I have a car loan...
I have a car loan that i had a freind be a co-signer ( and we are no longer together) and he signed a paper stating that . but i found out that the contract states him as the purchaser and me as the co-singer .I have made all payments and want to refinace the loan and now he will not sign a release. what are my options.
Submitted: 8 years ago.Category: Legal
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Answered in 1 minute by:
6/22/2010
Lawyer: Ely, Counselor at Law replied 8 years ago
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103,583
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



You mean a release to have you be the owner of the title?





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Customer reply replied 8 years ago
yes the title
Lawyer: Ely, Counselor at Law replied 8 years ago
Is he on the title now, or does the finance company hold the title until everything is paid off?
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Customer reply replied 8 years ago
yes , he was suppose to be the co-signer and they put him as the purchaser on the loan and title and i do have a form he signed that states that he was supose to be the co-signer, we purchased vehicle in oregon and i have moved to washington. and now he will not release vehicle as i have made all payments.
Lawyer: Ely, Counselor at Law replied 8 years ago
What you have to do is to file a PETITION FOR DECLARATORY JUDGMENT with the court. A Declaratory Judgment is a judgment by the Court that interprets confusing situations and contracts and declares the rights, duties, or obligations of said situation. In short, it’s a kind of petition which basically says "Judge, here is what happened, now it’s a mess and not clear, so can you please fill in the blanks for us with what is contractually fair and legally equitable and make everyone bound by it?"Then, well – it's up to the Judge.The good thing is that half the time, when the opposing party gets served or even receives an attorney letter, they either will contact you and offer a compromise or just give up, because people are both (1) afraid of the legal system and (2) do not have the time and money to deal with an issue. I can help you find an attorney if you'd like.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



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