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Richard, Attorney
Category: Legal
Satisfied Customers: 55449
Experience:  Attorney with 29 years of experience.
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I live in Ohio. My husband bought a car, which is titled in

Customer Question

Good morning! I live in Ohio. My husband bought a car, which is titled in his name only. The loan was in his name only. We transferred the loan to our credit union. I am the primary on the checking account and mortgage we have with them. Therefore, they put the car loan in my name as primary and my husband as secondary.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: the car loan is upside down and the most I am offered is $5000. Short of the payoff. My husband passed away very unexpectedly at the end of Oct. a friend thinks I Amy not be responsible for the $5000 and that I should check with an attorney. WhT do you think?
JA: Has anything been filed or reported?
Customer: Reported as far as his death? And filed, no. No estate.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I can't think of anything, can you?
Submitted: 7 months ago.
Category: Legal
Expert:  Richard replied 7 months ago.

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 7 months ago.

Good morning. First let me tell you how sorry I am for the loss of your husband. I know this must be a very difficult time for you and I will keep you in my prayers!

As to your question, unfortunately, your friend is mistaken. Had you left the loan in your husband's name, your friend is right, you would not have been liable for the loan since you did not sign the loan. But, when the loan was moved and put in your name, then by becoming the primary on the loan, you became liable to your credit union. So, your credit union can look to you for payment.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you had no liability, but, I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (i.e., 4 or 5 stars)(hopefully Excellent/5 stars J). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!