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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Ex boyfriend cosigned on car but never paid a dime for it.

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Ex boyfriend cosigned on car but never paid a dime for it. Two months after we broke up he stole the car from my place of employment. I found the car and now have it hidden but I am afraid to drive it. He stole personal belongings from the car before I found it. Finance company wont refinance me even though I found out he is using a fake social security number and I can not get his name off title without the finance company authorizing it. They said no, I have to pay it off first. The police told me there was no crime and nothing they can do. What can I do so he can't keep stealing my car and personal belongings.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If his name is XXXXX XXXXX title to the car, then he did not violate any criminal law. However, that does not mean that if you are paying the note he can keep taking your car or keep your car from you. If he refuses to return the car to you, then you are going to have to file suit against him for return of the vehicle. In addition to a suit against him to return the vehicle, you would also be able to file a complaint with the DA for loan fraud, since using a fake social security number is XXXXX criminal offense.

These are the two recourses you have here to recover the vehicle. To work to get the loan company to remove him from the loan you would have to get a substitute co-signer or would have to qualify for the loan on your own.

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Customer: replied 3 years ago.

We have the car but have to keep it locked up. The loan company states they will not refinance or take his name off. Even if I get another, legit cosigner. This seams to be some kind of strange finance company and used car dealer that doesn't care if the buyers are legally here are not. It seams like they are trying to help him more than just secure there money.

Thank you for your response.

The loan company does not have to legally release a co-signer unless the co-signer agrees and a substitute co-signer acceptable to the bank is provided. Of course, you can still file a complaint with the DA regarding falsifying the loan document. Yes, it sounds like a less than reputable finance company based on what you are saying, but the DA can take action against him for loan fraud.

The only other option you have is to refinance and pay off the loan with another loan.
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