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Do you have a bank account? If so, you can probably get the car refinanced through your bank. I was not in the same situation you're in, but I was cornered into signing for crazy terms because I waited too long to buy a car. The auto finance manager didn't care that I had great credit, a great job and solid references. I signed knowing that anybody else would rewrite the loan. The following morning, I called my bank manager, told her that I needed to refinance the car loan and went in by noon to sign the paperwork. By 3pm, the car dealership guy was on the phone apologizing for being such an obnoxious creep. In short, he did not earn one dime on interest for the car. I got the car I wanted at the price I wanted and terms I wanted.
I would start with your local bank manager and ask for help. Some of them are still "customer oriented" and know how to help in these situations.
Is your name on any of the paperwork, the title, registered owner? If so, is it under "AND" or "OR"? Are the finance documents soley in his name or is he "primary" and you "secondary"?
No- my name is not on any paperwork. He wanted me to co-sign but I was more concerned about protecting my credit in case it went south. No I see maybe that wasn't the best idea because it would've given me more power.
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Originally Posted by Billy_J
What is the car worth?
How much money have you put into the car via car payments? (Not insurance.)
And make /model / year of car?
The reason I ask is it may not be worth it to pay a lawyer $500 or whatever to make an agreement for you. Also lawyers don't always do what they say and you can wait months for them to do what you wanted! And not much you can do about it! (What are you going to do, sue the lawyer?)
One option would be to find out how much the "payoff" amount is for the existing loan. Then go to your bank and get a loan for that amount. Then pay off the loan and transfer the car title to your name.
Ask at DMV if they have any forms for that. Search the internet for "bill of sale form". Write out on paper what your and your boyfriend's intentions are as well as who has paid what and how much in the past. Then you both sign it. Then you have something in writing.
Another option would be for you to "abandon" the car (if your boyfriend is being a jerk) and take the bus for awhile or get your own car in your name.
2001 Accord. I have paid $1800 in payments so far. To satisfy the loan that will mean almost $4,000 more.
I wanted to do exactly what you suggested which is to spell out my plan to pay off the car by the end of the year or to secure a loan- whichever happened first. He knows this and he is satisfied with it, and is willing to sign a statement agreeing. No way will I continue this if he did not. I just wanted to be sure our contract would hold up in court if he ever changed his mind after papers are signed.
The loan is the long shot since my current job is cash only (cocktail waitress) and I've only recently started to deposit money with any regularity to show I have money coming in. I'll have a pay stub producing job in September but until then I doubt I have a shot with the bank. It is a military credit union so I will at least call and speak to an associate about my issues.
It might be hard to draft something that will hold up in court if he reneges later. Can you contact an attorney for a free consultation and see how much it would be to draft something? My concern is that if he's willing to be so obnoxious about it now, there is no reason he wouldn't be obnoxious about it later.
Well, couple different ways you could play that. Right now, the car is legally his so you're not in a very strong position. Perhaps small claims court, especially if you can demonstrate that you've been the ones making the payments and used his name simply because you were unemployed at the time. That's going to be a long and protracted process and you may be better simply walking.
Simply walking off and dusting your hands of the situation is another possibility. You'd lose the down payment and payments. On the other hand, your liability ends then. No problem for you. Get financing lined up for another car and tell him he either sign the car over or it's problem. That'd work particularly well if he couldn't afford it and maybe not so well at all if he can.
He CANNOT afford the car if I walk away. It would be repossessed. I know what he makes down to the penny. Heck, I even give him money to eat monthly because he is in such a bind. That is why when he threatens to 'take' it back, a day later he apologizes saying he was just angry. I can't continue like this, something must be done.
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Originally Posted by Stratford, Ct. Resident
You could stop making the payments, which would impact his credit. You could stop paying the insurance, which would expose him to the liability as the registered owner. I'm sure you both can figure something out that protects both of you.
Six months ago my ex got a vehicle for me to go to work. It is in his name even though I paid the down payment, insurance, registration etcetera. He had a job at the time and I did not. We agreed that when it was paid for in full he would transfer the title to me. There is another year of payments left on the car.
1. WHO MADE PAYMENTS?
2. If you were the one who did ALL the payments, car is yours, even if its registered in his name. But you will have to PROVE that YOU put all the money into it. With such proof, any small claim court will hand you the title.
3. If you do NOT have the proof then, at least, you have a LIFE LESSON to never trust anyone, no matter how sweet the relationship - and promises - appear to be at a given moment. Or, at least, you strike a small handwritten agreement signed by both parties, clearly stating who does what.
I made EVERY payment. Insurance, registration, tags, etc. I have proof of all of this minus the first down payment because I gave it to him in cash to take to the dealer. Since then I am vigilant to use my debit card so their is a trail of proof if ever needed.
I will get an agreement- I am confused as to how to make it more official than just two signatures. Will a notary be enough? Or should I go further and have a lawyer sign off on it?
Quote:
Originally Posted by mjd07
Do you have a bank account? If so, you can probably get the car refinanced through your bank. I was not in the same situation you're in, but I was cornered into signing for crazy terms because I waited too long to buy a car. The auto finance manager didn't care that I had great credit, a great job and solid references.......
I would start with your local bank manager and ask for help. Some of them are still "customer oriented" and know how to help in these situations.
Good luck.
Thank you- I will speak to them although I believe it to be a long shot. Credit is shaky, job is all cash- I've been making ALL payments on time but that does great for his credit score but not my own. Even more reason to get out of this. I have references but I'm sure that's the least of what they care about.
It might be hard to draft something that will hold up in court if he reneges later. Can you contact an attorney for a free consultation and see how much it would be to draft something? My concern is that if he's willing to be so obnoxious about it now, there is no reason he wouldn't be obnoxious about it later.
Good luck to you.
This is exactly why just getting it notarized is troubling. The lawyers here don't offer free consultation but I'll have to bite that bullet. Of course most if not all will say I need their services. Perhaps a trip to legal aid can give me an answer before paying for a consult or calling for price.
You don't have an "ex" anything, you have a continuing relationship that involves quite a bit of your personal and financial life.
The longer you continue to be dependent upon him, the worse things will become for you.
There are plenty of people that will let you buy a car and give you a written agreement regardless of your credit. Cars are one of the easiest things to buy.
Give him back the car if it is in his name and do yourself a favor, an ex is an ex and deal with that. People do not give other people cars without some emotional reason for doing so. It is either him or you but whichever, expect more problems, not fewer.
Sure, after a time, people are friends with their "ex" but even then, mixing finances with an "ex" is just asking for trouble, you already have proof of that.
You are absolutely right. The car I had before broke down and wasn't worth fixing. I was hoping to get another myself before that happened but it did not. No car means no job where I live. My back was against the wall and I rolled the dice. So now that I have a bit of bargaining power I'd like to use it before just walking away.
I made EVERY payment. Insurance, registration, tags, etc. I have proof of all of this minus the first down payment because I gave it to him in cash to take to the dealer. Since then I am vigilant to use my debit card so their is a trail of proof if ever needed.
I will get an agreement- I am confused as to how to make it more official than just two signatures. Will a notary be enough? Or should I go further and have a lawyer sign off on it?
Thank you- I will speak to them although I believe it to be a long shot. Credit is shaky, job is all cash- I've been making ALL payments on time but that does great for his credit score but not my own. Even more reason to get out of this. I have references but I'm sure that's the least of what they care about.
Good. Then you have PAPER trail and RECORD of you doing payments etc. In this country, YOU pay for something, YOU own it.
You do not need hosh posh formal lawyers attorneys involved contract (agreement) between the 2 of you or anyone else. Handwritten, legible, piece of paper with both parties involved full names and formal signatures, dated, is enough. Thanks gods, this is still valid document. Also, keep in mind, every time you have someone promise you something, even in verbal form, you two are entering a contract, or verbal consent, to complete a particular act. Man may try to balk out of his end of agreement, but you have strong argument in your favor, as YOU made payments. It is common sense favorable for you situation. Even better, if you can recall a witness to this conversation... At dealership or something.
Oh, divorces, divorces....
This is exactly why just getting it notarized is troubling. The lawyers here don't offer free consultation but I'll have to bite that bullet. Of course most if not all will say I need their services. Perhaps a trip to legal aid can give me an answer before paying for a consult or calling for price.
You don't need a lawyer to have it notarized. Your bank will usually notarize for free, if not hiring a notary is very cheap, less than $20.00. You just have to both sign it in front of the notary.
You don't need a lawyer to have it notarized. Your bank will usually notarize for free, if not hiring a notary is very cheap, less than $20.00. You just have to both sign it in front of the notary.
And photo identification.
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