Consumer Law, Warranties Car ownership title vs. Payment

[hstteach]

My mother recently passed away. She had a friend who financed the car for her because my mom had poor credit. My mom used her car as the down payment and my mom paid all of the car payments. Now, the friend who financed the car is threatening to take the car back. My sister has offered to refinance the car into her name. Right now my sister has possession of the car, but the friend is saying that she needs to take possession until she goes to court (she's going through a divorce right now).

My main question is, do my sister and I have any legal claim to the car since my mom put down the down payment and made all of the monthly payments?

 

[jharris352]

The car, and the debt belongs to the estate of your MOM. Therefore the car should go to her heirs and if the "friend" is paid off via refinance he/she has no right to the car.

 

[hstteach]

Thank you so much for your response. The "friend" just came and took the car without our permission. We're not sure what our next move is.

 

[Theresagail]

IF nothing is in your moms name, then no *-she does not own the car- the friend does. She is the one that has the loan and her name is on the title so she has every right to pick it up.

 

[jharris352]

Call the friend and tell them if she doesn't return the car immediately you will call the police. If the title is not in the friend's name she just stole a car. Gail is correct though, if the title is not in your Mom's name then she doesn't have the right to the car you friend does. Now if you can show your Mom put her car down and made all the payments, you can make a claim against the car despite what Gail says.

Who name is the car titled in?

 

[hstteach]

The car is titled in the friend's name. However, like you said jharris, my mom put down the down payment and made all of the car payments (we have proof of both....the original car contract showing my mom's previous car as the down payment and my mom's bank statements which show the car payment being pulled directly out of her account).

 

[jharris352]

The car should have been in both names. If it is only in her name you have a sticky problem. To get it back you will have to sue and then refinance. She can't be unjustly enriched though by taking what your mom had paid for. As her heirs, I assume you are her heirs, you are entitled to the car's value. I would threaten to sue the lady if she doesn't give you what was paid into the car at least.

If she is willing to work with you work with her. She said she only needs it until she goes to court, maybe you can work something out.

 

[hstteach]

Thank you for responding so quickly.

It would be much easier if the car was in both of their names, but unfortunately, my mom didn't have the credit at the time to do that.

My sister and I were hoping to be able to work with her, but lately she has been very unreasonable to talk to. I hope that we're able to work something out with her so that we don't have to sue.


Thank you again.