Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

My girlfriend financed a car with her ex boyfriend (daughters

Customer Question
My girlfriend financed a car...
My girlfriend financed a car with her ex boyfriend (daughter's father) with whom there is no desire to be in touch with. He was a co-applicant on the loan. She owes a lot on the car still and would like to sell to get into something with more manageable payments and which suits her new needs better. What is the process for selling? Is it possible for her to sell without involving him in any manner? She has made all of the payments thus far and it has been "her" car for the life of the loan.
Submitted: 6 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 5 minutes by:
11/1/2011
Lawyer: Joseph, Attorney replied 6 years ago
Joseph
Joseph, Attorney
Category: Legal
Satisfied Customers: 7,280
Experience: I have 15 years experience in the legal field, currently specializing in criminal and family law
Verified

As money is owed, that means that his name is XXXXX XXXXX loan only, it is not on the title. This being the case, she does not need his consent to sell the car. She would sell the car and pay off the loan. Once the loan is satisfied, there will no longer be a connection between her and the former boyfriend as far as the vehicle is concerned.

 

The key here is payment in full on the loan, so long as she can accomplish that, she will be fine.

 

Please let me know if anything needs clarification.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Ask Your Own Legal Question
Customer reply replied 6 years ago
Thank you.

What is the simplest way to go about selling the car without having a clear title? Is trading to a used dealer an option?

How would she go about selling to a private party?
Lawyer: Joseph, Attorney replied 6 years ago

The easiest method would be to sell to a dealer. When selling to a dealership, they will handle all of the transfers of tags and titles with very little effort on the part of the seller.

 

If you sell to a private party, you need to handle those things yourself. You would need to take payment from the buyer and forward the payoff amount to the lien holder. Upon payment, they would release the title which, in turn, would be given by you to the buyer. It takes more effort on your part and a bit of faith on the part of the buyer as he won't have the title for a couple weeks.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Ask Your Own Legal Question
Customer reply replied 6 years ago
For clarification, when you say "sell to a dealer" you are referring to attempting to trade it in when purchasing another car from the dealer?
Lawyer: Joseph, Attorney replied 6 years ago

Correct, by selling to a dealer I meant as part of a trade for another vehicle.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Ask Your Own Legal Question
Customer reply replied 6 years ago
Thank you. One more question, I swear I'm intelligent in other departments, but I get lost in these dealings.

The sale price was $21k I believe. She supposedly has a buyout of around $11k at this point. I will know better when she calls for the exact figure.

The cars that we are looking at for her are in the 6-7k range used.

What would be the situation there in terms of what moneys would be exchanged?
Lawyer: Joseph, Attorney replied 6 years ago

That depends hugely on 1) what the car is actually worth and 2) how the dealership wants to structure the deal. As I suspect you know, car dealerships are notoriously crafty when it comes to setting up the sales, especially when a trade-in is involved.

 

Hypothetically, if the car is worth about $15,000 and she owes $11,000, she should net about $4,000 from trading in her car. The dealership would pay off the creditor on that car and then put the $4,000 towards her purchase of the new car, leaving her about $2,000 to $3,000 to finance.

 

This is, of course, an overly simplistic hypothetical. You also need to consider tax, tags and title costs.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Ask Your Own Legal Question
Customer reply replied 6 years ago
That makes sense.

If the car is valued at less than the buy out amount (due to mileage and/or cosmetic flaws), what would be the real downside to surrendering/giving the car back to the dealership? Her credit is already shot at this point and we would not be financing the next car (cash).

It is my understanding that she would then be free of the payments (perhaps minus being liable for the difference between the current value based on condition and what is owed- please advise if I am off on this understanding).



Lawyer: Joseph, Attorney replied 6 years ago

No downside comes to mind other than the existing loan. As to that, she needs to find a way to get that paid. She would have a couple options; she could obviously pay that off with cash or she could roll any remaining balance into the new car purchase. While rolling it into the new car purchase may create a loan (and payments), it would eliminate the old loan, thereby resolving the issue of contact with the former boyfriend.

 

I am going off-line for the evening. Please feel free to respond, if necessary, and know that I will be back on-line tomorrow.

 

Thank you for your patience.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Ask Your Own Legal Question
Customer reply replied 6 years ago
Thanks a ton for your help. Reply when you can, I'm definitely satisfied and will be contributing.

"No downside comes to mind other than the existing loan. As to that, she needs to find a way to get that paid. She would have a couple options; she could obviously pay that off with cash or she could roll any remaining balance into the new car purchase."

When you speak of the existing loan here, you mean the $11k or whatever the buy out is correct? If she surrenders the car to them, she is essentially "paying" them the current value of the car (let's say 9k for arguments sake) and would have to pay 2k to clear the loan, am I right in this thinking?
Lawyer: Joseph, Attorney replied 6 years ago

Yes, your math is correct, if the dealership were to give her $9,000 and the pay-off is $11,000, then $2,000 would need to come from somewhere to fully pay off the loan on the current car. The $2,000 would most likely come from either cash or it would be rolled into the new loan on the new car.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Ask Your Own Legal Question
Ask Joseph Your Own Question
Joseph
Joseph
Joseph, Attorney
Category: Legal
Satisfied Customers: 7,280
7,280 Satisfied Customers
Experience: I have 15 years experience in the legal field, currently specializing in criminal and family law

Joseph is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I had a loan with title max, paid it off, got my title back
I had a loan with title max, paid it off, got my title back and the repo guy showed up and towed my car. It was an error on title max's part. My wife was super mad thinking I lied to her that I didn't… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,547 satisfied customers
I took out a loan and used my truck title as security, Last
I took out a loan and used my truck title as security, Last night my truck was totaled, am I still responsible for the loan? I cannot salvage the vehicle as it is not mine to sell. Is it their respons… read more
Bill Attorney
Bill Attorney
law
1,607 satisfied customers
I recently transferred title on a cemetery plot and was
I recently transferred title on a cemetery plot and was charged $375 when most only charge $100-150. Since the state has a role in ttransferring titles doesn't it have a role in controlling the charge… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
Have a question about debt collection on car title loan. NC
Have a question about debt collection on car title loan … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
I helped a friend make payments on her car. A title loan. I
I helped a friend make payments on her car. A title loan. I paid over 2500. and paid it off. She was to pay me back after getting a job. She also moved into my home, and helped around the house. Her c… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,871 satisfied customers
My vehicles totatled elpaso tx title loans I was e 2months
My vehicles totatled elpaso tx title loans I was e 2months behind made one payment260.00 i only owe 2 more told them id try to pay the 520.oo balance this month dec med problems was i 60mph head on wi… read more
Damien Bosco
Damien Bosco
3,395 satisfied customers
Title 38 establishes that benefit process is to be
Title 38 establishes that benefit process is to be pro-claimant, a long with duty to assist. In short it has been 6 long years bull shit for me. It has been unreasonable delays along with obvious reta… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,173 satisfied customers
My car was repoed from a title loan pawn I don't have the
My car was repoed from a title loan pawn I don't have the money to pay in full can I get my car back … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,183 satisfied customers
Wife took a $3000.00 loan secured with cat title. Lending
Wife took a $3000.00 loan secured with cat title. Lending agency told her that payments would be %360.00 monthly. whrnshe paid her first payment, she was told that she had to renew the note. this note… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,547 satisfied customers
I got a title loan in September. I had just paid one off
I got a title loan in September. I had just paid one off with the same people and got another one. I hit hard times and became homeless. I finally got a home through section 8. I receive SSI disabilit… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
Is there a title company in Chicago by the name of
Is there a title company in Chicago by the name of Independence Federal … read more
KLAW
KLAW
Juris Doctorate
1,773 satisfied customers
What is quieting Title to a property. Detroit. My mortgage
my mortgage company want me to sign a document to quiet title to property… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
Ten years ago I got a title loan using my personal vehicle
Ten years ago I got a title loan using my personal vehicle as collateral. I subsequently defaulted on the loan but the creditors were unable to retrieve the car. Now the car has broken down and can't … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
I paid off a title loan and purchased the vehicle the title
hi I paid off a title loan and purchased the vehicle the title co released the lien and gave me the title and then went back and applied for a replacement title that has the lien on it because their c… read more
Van
Van
Retired Criminal Court Judge
Juris Doctorate
79 satisfied customers
I used my pickup for a Title Loan several months ago. Texas
Hello my name is Alfonzo. I used my pickup for a Title Loan several months ago. … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I recently purchase property title and loan is in friend
i recently purchase property title and loan is in my name My friend office to pay half of the cost . need a contract and will . I have two sons she has a sister and brother I need advice / legal docum… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,173 satisfied customers
We own a condo together as loan, title(deed) and husband
We own a condo together as loan, title(deed) and husband agrees to quit claim deed in order to transfer me as sole ownership. I'm aware of that when future sale, capital gain tax exemption would be $2… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I had a vehicle repod yesterday in IL due to title loan
I had a vehicle repod yesterday in IL due to title loan payment default. The vehicle was repod once before and I paid to get it back. They are telling me now I can't get it back at all. Is this true??… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x