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A little complicated but I will do my best to explain. My

Second opinion] Hello, a little...
Second opinion] Hello, a little complicated but I will do my best to explain.
JA: What state are you in? It matters because laws vary by location.
Customer: My husband was married before and unfortunately co signers loan for a vehicle for his ex wife's brother. In the divorce, she was awarded the vehicle and her lawyer in the decree said that any late payments for late fees ,she would have to refinance and take his name off. Evidently his name is ***** ***** registration and she has been late and bounced checks and wants him to sign a paper saying she can register the vehicle so that her brother who lives in Mass can drive it back and forth to his home in mass. Now she is having my husband served with court papers, how can she do that, what is our chances of winning?
JA: Have you talked to a lawyer yet?
Customer: We care in NH
JA: Anything else you want the lawyer to know before I connect you?
Customer: No we haven't spoken to a lawyer yet but he is going to be served Monday
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Customer reply replied 24 days ago
He can prove she has been late and has late fees. He can also prove her family is harassing him about signing the paper so she can register the vehicle.
Answered in 55 minutes by:
11/23/2017
Edward Young
Category: Legal
Satisfied Customers: 94
Experience: Principal Attorney at The Law Offices of Edward D. Young, III
Verified

Hi. My name is ***** ***** I am a licensed attorney. I would be happy to provide assistance. Please give me a moment to formulate a response. Also, please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.​

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Customer reply replied 24 days ago
Thank you sir.

After the divorce, the car should have been registered and the title transferred from your husband to his ex-wife Did he do that? Usually, on the title itself, there is a section that you can sign to transfer it to another person. Was this done? If not, he can do it now and that would allow her to register the vehicle.

I do not know what the court papers say, so I cannot give an opinion on your likelihood of success.

Unfortunately, when you cosign, you are not merely offering up your credit history for approving the loan, you are actually making an agreement that you assume responsibility for the debt if the other person cannot afford to make the payments. So, if the other person misses a payment or defaults on the loan, you face all the consequences as though it were your loan, even if you received none of the benefits of the loan, i.e. you’re not driving the car.

Loans and credit cards you’ve cosigned will be listed on your credit report. Any late payments will also be on your credit report and included in your credit score. The fact that you only cosigned the loan doesn’t look better on your credit report and it doesn’t ease the damage to your credit score.

If the account goes to collections, the debt collector will include you in any collection activity including calling you and listing the account on your credit report.

Either the lender or an assigned debt collector can file a lawsuit against you for any unpaid part of the debt, even without suing the person you cosigned for.

If the lender wins the lawsuit, a judgment will be entered against you. Worse, if you can’t satisfy the judgment in full, the lender can file to have your wages garnished until the debt is paid in full.

Any repossession that results from nonpayment on the cosigned loan will be listed on your credit report as well. Even if you were never contacted for payment, these actions will, unfortunately, go on your credit record and follow you for the duration of the credit reporting time limit. Worse, they can keep you from getting a car of your own.

Unfortunately, once the other person has started missing payments, your options for dealing with a defaulted cosigned loan are limited and none of them are ideal. If the loan payments are behind, but the loan hasn’t defaulted yet, you can prevent more severe actions by catching up on the payments yourself.

To protect your credit and prevent a lawsuit, you may have to cover the monthly payments until the person you cosigned for can start making payments on their own.

Depending on the other person’s credit history, they may be able to refinance or consolidate the loan so that it’s in their name only. But, if they’re already behind on payments, the odds of their being able to qualify for their own loan are slim. Alternatively, you may be able to refinance or consolidate the loan yourself if that will result in a lower, more affordable monthly payment.

I hope this helps.

Please go ahead and rate me. If you have any follow-up or clarification questions, please ask! There is no additional fee. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service (hopefully Excellent/5 stars!) at the top of the screen. Otherwise, I receive no credit for assisting you. I thank you in advance for taking the time to provide me a positive rating! A BONUS is also appreciated if you feel I've earned one today.

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Customer reply replied 24 days ago
In the divorce decree, it states that she has full responsibility of the vehicle. Payments, insurance etc. He cannot speak to her as she has a restraining order on him but her lawyer wrote and at she agreed that if she was behind in payments and incurred late fees that she shall refinance the vehicle. At the time of their separation, she had him thrown in jail by baiting him after she put a restraining order on him so there was no signing of anything. They have a loan together and she defaulted on the decree that was ordered.

Can you work through his divorce lawyer to get the title transferred if he is not allowed to talk to her? Is the loan on which she defaulted not the car loan?​

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Customer reply replied 24 days ago
The loan is the car loan. She has filed something against him as he is being served on Monday. Her kid and her brother have been harassing him about signing this paper so that she can register the vehicle . She lives in NH and her brother who drives the vehicle lives and works in mass. She has done everything she can think of to hurt him both mentally and financially. We have asked for her to refinance so that she would be rid of him and he of her.

Let’s wait until Monday to see what your husband in being served with. Ideally, your husband should sign the car title over to his ex-wife. This is consistent with the divorce decree and is a necessary step for her to register the vehicle and refinance it in her name.

Since you are still a co-signer on the loan, you will still be liable if she misses payments until she refinances the loan. Until she refinances the loan, you can ask the bank to notify you when she misses a payment.

Please go ahead and rate me. If you have any follow-up or clarification questions, please ask! There is no additional fee. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service (hopefully Excellent/5 stars!) at the top of the screen. Otherwise, I receive no credit for assisting you. I thank you in advance for taking the time to provide me a positive rating! A BONUS is also appreciated if you feel I've earned one today.

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Customer reply replied 22 days ago
How can one sign a title over when there is a loan on the car, there is no title. We will wait to see what he is served on Monday.

Ok, let me know what you get on Monday.

You can call the motor vehicle administration and explain that there has been a divorce and ask them how to re-title the vehicle in the ex-wife’s name. This happens all the time and they will explain the process to you.

Edward Young
Category: Legal
Satisfied Customers: 94
Experience: Principal Attorney at The Law Offices of Edward D. Young, III
Verified
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Thank you so much for the 5-star rating! I know rating takes an additional step and I truly appreciate you taking the extra time! It's been my honor and privilege to help you with this. If I can help you in any way in the future, I'll be happy to help. For easy access, my bookmark is: https://www.justanswer.com/law/expert-visaspecialist/ Or, simply request “Edward only” in the first line of your question.

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Customer reply replied 19 days ago
They are serving him contemp of court for not signing the registration. Can we file contempt as well against her in our answer? Or do we just supply the evidence?

Looking at it objectively, this is a fight that you cannot win. The divorce settlement gave total responsibility for the car to your husband’s ex-wife. He should sign the papers. By not signing the papers you are ignoring the judge’s order.

Your husband should tell the court that he is prepared to sign the papers but she is behind in her payments and that is affecting your credit rating. Your husband should say that “he respectfully ***** ***** the judge should order her to obtain financing within a certain period of time or the car should revert to your husband.”

The key word is respect for the court and the process. Divorces are messy and your husband does not want to get on the judge’s bad side.

I hope this helps.

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Customer reply replied 19 days ago
I understand what you are saying but the question I have is, if and when I sign the paper, and the judge doesn’t make her refinance, I am still liable and if he gets in an accident or it gets repossessed, I am still liable. How is that right?

This is why it is not good to co-sign a loan. If it goes bad, you are liable for the loan just as if you were the principal borrower. The goal is to get out of the arrangement as soon as possible. The best way to do that is to have the ex-wife refinance it. You may have to hire a lawyer to help you. It may be more expensive upfront but it could save you more and preserve your credit history in the long run. If your husband had a good experience with his divorce lawyer, I would start with him.

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Customer reply replied 19 days ago
when we hire a lawyer, what do we need to do, what do we tell him/her?

Explain that your husband was recently divorced. Part of the divorce decree awarded a car to his ex-wife. Your husband was a co-signer on the car note. The ex-wife has been late paying the bills and it is affecting your husband's credit rating. The lawyer’s objective is to get your husband out of the co-sign agreement and have your husband comply with the judge’s order to sign the car over to his ex-wife.

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Customer reply replied 19 days ago
Do you think that when he answers the contempt charge, he should write that he feels he is not in contempt as she is supposed to be making the payments as agreed in the divorce decree and no late fees and because she has been late several times, my credit is ruined? Would this help when we do go to court?

Maybe. Do it respectfully ***** ***** with righteous indignation. I think he would have more success if he appeared to be trying to do the right thing but did not really know how to do it. He could explain that he never co-signed a loan before and was not aware that late payments would affect his credit rating as well. Signing the car over meant that he had no collateral for his co-signing the loan. He means the court no disrespect, he just wants out of the co-sign arrangement.

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Customer reply replied 19 days ago
Thank you. I think we will hire a lawyer and have him do our talking for us. My husband has been getting text messages from her son and they have talked about how it is ruining his credit. They are both in the wrong.

God bless you and all the best with your new lawyer.

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Customer reply replied 19 days ago
Are you in NH? Could you represent us?

I am not able to represent you at this time. If you tell me where you live, I will find some lawyers who could help you.

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Customer reply replied 19 days ago
We live in Merrimack New Hampshire. We just moved and are pretty strapped right now but if they are willing to work with us, we can make payments.

Here are three attorneys who are highly rated and practice in New Hampshire:

Amy C. Connolly (603)(###) ###-####/a>

Jeffrey Runge (603)(###) ###-####/a>

Barbra I. Black (855)(###) ###-####/a>

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Customer reply replied 19 days ago
Thank you very much for all the information and all your help!

You are welcome! If I can help you in any way in the future, I'll be happy to help. For easy access, my bookmark is: https://www.justanswer.com/law/expert-visaspecialist/ Or, simply request “Edward only” in the first line of your question.

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Customer reply replied 18 days ago
Hi Mr. Young, yet another question about registrations. If a registration is in both names, couldn’t either one register the vehicle?

Ok. Now I am confused. Is the car being registered in New Hampshire or Massachusetts? And who is listed as the owner on the title to the car?

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Customer reply replied 18 days ago
They both are on the registration, evidently he is first on it. They both are on the title loan but her name is ***** ***** truck was purchased to help her brother but he works andcresides in Massachusetts. Therefore she wants to register the truck so that he won’t have to in Massachusetts.

She should be able to register the car on her own. Has she tried to register the car?

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Customer reply replied 18 days ago
She says she cannot because he is first on the registration and it would have to be registered in Manchester because we reside there. She told her lawyer that Rochester (where she resides) told her that they won’t register it because he is first on the registration. Doesn’t really make sense.

Did you retain a lawyer like I suggested? If not, go ahead and register the car. You need to get on with your lives and not worry about her.

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Customer reply replied 18 days ago
We are going to see a lawyer on Thursday. He doesn’t mind signing a legal document to give her permission to take his name off the registration but he cannot afford to have her keep being late on payments. He wants her to refinance and have his name taken off for good. She has cost us over 3,000 so far and we can’t get on with our lives if she is doing this. Thank you for your help.

Very good! Let me know what happens.

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