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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 50616
Experience:  19 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 27 yrs
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I need title transfer help. A person on the title won’t sign

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I need title transfer help. A person on the title won’t sign it.
JA: What state are you in? It matters because laws vary by location.
Customer: North Carolina
JA: What steps have you taken so far?
Customer: tried to contact this person multiple times. She wanted off the car loan. Now she won’t sign it over and has blocked my phone number.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Yes. I sold this vehicle to her her off the loan after she threatened me with legal action. I didn’t know in my state the title isn’t one person OR the other person on a car title. So now I can’t legally sell the car even though the person that bought it just paid it off to get the title. I physically have the title and I am the one who laid off the loan. I don’t know what to do now. She wanted off the loan and the title but now since I paid the car off she won’t even respond to me.

Hello and welcome! My name is Barrister and I am a licensed attorney and will try my best to help with your situation.

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You will likely be offered a live phone call by the website. It is not from me.

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If you would like a call, another attorney will provide that service. I only work on the website. and prefer to type my responses so they are in front of you.

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There may be a short delay in my responses as I type out an answer or reply as I am an actual independent practicing attorney, not an employee of JustAnswer.

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Do you know where the person lives or works?

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thanks

Barrister

Customer: replied 9 days ago.
I know where she works and lives, but it’s in California and I’m in NC.
Customer: replied 9 days ago.
I got this email from her:


I have made several attempts to contact you about our shared vehicle the 2015 Lexus RX 350. As a signed CO-BUYER (not co-signer) of the vehicle I am asking to exercise my EQUAL rights to the vehicle and request possession of the vehicle. I am open to discussion removing my self from the vehicles title by you taking full possession of the vehicle through refinancing. Otherwise, should you refuse my right as a co-buyer of our shared vehicle you will have left me no choice but to sue for the vehicle and or request the lender to reposes the vehicle (I have also already contact Carmax to inform them of the potential request of prepossessing and received the documents needed). While this may negative impact both credit scores, again you have left me with no alternative but to contact an attorney to assist in resolving this matter.

As long a I am a Co-Buyer of the vehicle, (I'm not not co-signer) I have have equal rights to the vehicle and it is my right to know where the vehicle is as well. I have requested a copy of the title, registration and proof of insurance through the DMV. If this information is not up to date, including the address of where the vehicle is kept I will be reporting it as a stolen car as I have no way to locate our shared vehicle.

I am sorry it has come to this, especially while you are currently going through a divorce. I especially feel bad about being forced to sue for the vehicle as this is something you have gone through in the past and I hate to have you revisit the experience. I hope this can be worked out amicably.
Customer: replied 9 days ago.
I could not re-finance it so my fiancé got a loan and paid it off for me. Now I have a title that I can’t sign over to her and she in turn can not turn the title over to the bank that now has a lien on the car.

Ok, then you are in a tough spot because you will legally have to sue her for breach of contract if she agreed to sign off on the title if you sold it/paid it off..

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You have to sue her where she is located in order to get jurisdiction over her in court..

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So you will have to either go to her and file the suit or hire an attorney to do so... But you might be able to have a local CA attorney send her a scary letter threatening to sue her unless she signed off on the title... Sometimes that is enough to "encourage" someone to act rather than being dragged into court..

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And no, there is no other way to get her off the title..

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And her email is essentially the same thing that you would be threatening her for..

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thanks

Barrister

Customer: replied 9 days ago.
So I need to reach out to a lawyer in CA. What kind of lawyer would that be?
Customer: replied 9 days ago.
She was willing to sign off at first, but the only way we could get her to do that was to have her sign a power of attorney through the DMV giving me power to sign her name on the title. Her response was this: Hi Amanda,
I am not going to sign a generic power of attorney document.
I would be happy to sign any documents issued by the bank from the bank manager.
Id be happy to contact them directly as well if you send me their contact details.

Jami Kraus
Customer: replied 9 days ago.
Every time I have tried to contact her since she won’t respond. And now she has blocked my number.

So I need to reach out to a lawyer in CA. What kind of lawyer would that be?

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Correct... Civil litigation attorney..

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And the POA should have been a "Limited POA" that was only good for that particular purpose... not a general POA..

Customer: replied 9 days ago.
Exactly. It was a limited POA.
Customer: replied 9 days ago.
Ok thank you.

Ok, then she clearly had no clue what a limited POA was as it is only good for this one exact thing... not to give control over her finances to the holder... only to sign for the refi/sale..

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So we circle back around to you either suing her or starting out with the nasty attorney letter..

Customer: replied 9 days ago.
I’m going with the latter. I guess I can’t find that help on here??

Unfortunately, I am not allowed to represent customers from the site or recommend anyone personally under my independent consultant agreement with JustAnswer. However, these are a couple sites that we attorneys actually use if we need local counsel in a state where we aren't licensed. Further, customers have consistently reported good results with these sites:

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www.martindale.com

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www.lawyers.com

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They screen their attorneys based on geographic location, area of practice, time in practice, cost and customer reviews.

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thanks

Barrister

Customer: replied 9 days ago.
Perfect. Thank you and have a wonderful Sunday!!

You are very welcome. Glad I could help.

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It was my pleasure to work with you and help with your question. If you ever need to reach me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

 

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Have a great afternoon!

Barrister

Barrister and 7 other Legal Specialists are ready to help you
Customer: replied 9 days ago.
Is it within your ability on this site to state whether or not the emails are good enough to constitute a breach of contract?