Can I get car back? (lease, purchase, DMV)

[Senno]

Originally Posted by 1200RT

Anyway, nasty situation. Consult a lawyer, not the armchair bunch in the LA forum.

I second this. You are definitely on the line if she's not making the payments whether you have the car or not.

The loan company will repo the car if she's not making the payments and you've stopped, damaging both of your credit histories.

[Dunbar42]

Originally Posted by 1200RT

The car is titled to the lender, no one else.

I've had a car loan and been in possession of the title (in my name) for the entire duration of the multi-year loan. I also bought a car from someone was was leasing it and the lender was holding the title until it was paid off. In both cases the lender was not listed on the title. While it's not uncommon for the lender to hold onto the title legally I do not believe they can do anything other than place a lien against the car (leases may be different.) Meaning, there's nothing stopping you from applying for a duplicate title if you legally own the vehicle. Now if you sell a car with an outstanding lien against, or forge a co-owner's signature, that can be considered fraud and result in some pretty significant legal consequences.

BTW, the loan is one contract. The payment arrangement between the OP and his ex is a separate contract. I think you're confusing the two. The bank could care less who pays the loan as long as they get all of their money.

[1200RT]

Originally Posted by Dunbar42

I've had a car loan and been in possession of the title (in my name) for the entire duration of the multi-year loan. I also bought a car from someone was was leasing it and the lender was holding the title until it was paid off. In both cases the lender was not listed on the title. While it's not uncommon for the lender to hold onto the title legally I do not believe they can do anything other than place a lien against the car (leases may be different.) Meaning, there's nothing stopping you from applying for a duplicate title if you legally own the vehicle. Now if you sell a car with an outstanding lien against, or forge a co-owner's signature, that can be considered fraud and result in some pretty significant legal consequences.

BTW, the loan is one contract. The payment arrangement between the OP and his ex is a separate contract. I think you're confusing the two.

This is extremely uncommon, especially in CA.

I'm not confusing anything .... the OP asked if he had a leg to stand on legally. If he had an additional contract between himself and the ex, he could easily sue her to either start making the payments, or buy the car outright. You're correct in assuming that the bank doesn't care, but it would at least force her to act.

[Senno]

Originally Posted by 1200RT

This is extremely uncommon, especially in CA.

I'm not confusing anything .... the OP asked if he had a leg to stand on legally. If he had an additional contract between himself and the ex, he could easily sue her to either start making the payments, or buy the car outright. You're correct in assuming that the bank doesn't care, but it would at least force her to act.

Yeah. Was there a contract between the man and woman when they bought the car? Probably not. Probably boyfriend bought the car never considering they'd break up.

Was there a contract when they broke up? Did the woman promise to make payments but not actually make them? Maybe, but you've got a probable he said/she said thing going on, unless there's an actual written contract.

OP can easily sue, but he might easily find jurisdiction challenged because woman and car are in LA. Does he want to have to appear in LA potentially to get this car back, or force her to make payments? What's the value of the car anyway?

To many what ifs here to really know. Consult an attorney continues to be the best advice.

This would make a good Judge Judy case if the value of the car is low enough though.

[databasegeek]

hey guys after a long difficult day her and i came to the conclusion that i will get car back so the both of us will avoid court time. we will be signing an agreement composed by my lawyer and then i will get the car and assume all payments moving forward. life lesson learned here.

[Social Democrat]

Originally Posted by databasegeek

hey guys after a long difficult day her and i came to the conclusion that i will get car back so the both of us will avoid court time. we will be signing an agreement composed by my lawyer and then i will get the car and assume all payments moving forward. life lesson learned here.

That is great news and I'm sure a huge relief to you. Very happy to see this resolved!

[1200RT]

Nice. Great outcome.

One thing to mention - definitely keep detailed records of all payments you've made on this car. You don't want there to ever be a question of who was paying and online bank records don't last forever - and online payment systems for lien holders normally lock you out after a payoff.


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[Dunbar42]

Originally Posted by 1200RT

If he had an additional contract between himself and the ex, he could easily sue her to either start making the payments, or buy the car outright.

The OP would be within his rights to repossess the car if they had a verbal/written contract in which she agreed to make the payments. It would be hard for the ex to claim it was a gift since the OP co-signed for the loan (rather than place the loan in his name only.) The problem comes when he goes to sell the vehicle. It's much easier to get rid of the car if the ex voluntarily signs the title over to him rather than take her to small claims court across the country. And I wouldn't expect to get any money money back even if you do go to small claims court. The best you could hope for is to get the title so you could sell it.

[1200RT]

Originally Posted by Dunbar42

The OP would be within his rights to repossess the car if they had a verbal/written contract in which she agreed to make the payments. It would be hard for the ex to claim it was a gift since the OP co-signed for the loan (rather than place the loan in his name only.) The problem comes when he goes to sell the vehicle. It's much easier to get rid of the car if the ex voluntarily signs the title over to him rather than take her to small claims court across the country. And I wouldn't expect to get any money money back even if you do go to small claims court. The best you could hope for is to get the title so you could sell it.

That's just simply not true. No CA repossession agency is going to go after collateral unless instructed to by the legal owner (bank). An agreement between the two of them would need to be upheld in court (civil).


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[Dunbar42]

Originally Posted by 1200RT

That's just simply not true. No CA repossession agency is going to go after collateral unless instructed to by the legal owner (bank). An agreement between the two of them would need to be upheld in court (civil).

There you go again confusing contracts. Has nothing to do with the loan....The bank doesn't own the vehicle either, they have a lien against it. If the OP has an agreement (read: contract) with the ex that she make all payments he could repossess the car if she breaches it. He could actually go take it himself too and not have to hire anybody.