Auto Loans Co-signer of a loan - a Nightmare Tale of NJ vs NY and bad decisions

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kgb2248

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Hello all!

Mine is a tale of awful mistakes and complications - and we feel like we've hit a dead end!

The situation is as follows: my father has co-signed on a car loan for a friend a year and a half ago (yes, a very bad idea). The guy has skipped the country, leaving car my Dad's responsibility. Which would be possible to deal with, if not for the following list (plague) of problems:

- The title does not have my Dad's name on it, it's in the other guy's name; only the finance agreement had both names on it
- The title also has the wrong lienholder's name on it (Kia Motors instead of Kia Finance - they're different companies, apparently)
- The dealership where the car was bought is out of business
- The car/title was registered in New Jersey, my Dad is a resident of New York.

The New Jersey registration has expired and we are trying to get the car registered in New York. New York DMV refuses to do anything until they see my Dad's name on a title. Changing the title in New Jersey is not possible because NJ DMV requires proof of NJ residency (which, obviously, my Dad does not have). It's a dead end and neither DMV can offer any help or solutions.

Kia Finance have been nice but absolutely useless - they've sent us letters to take to the DMV and claimed that they've contacted both DVMs to no avail.
It's been 2 months of this nightmare.

Beyond that, my Dad is unable to keep up with the car loan payments - he'll have to sell it somehow, while definitely taking a loss on it (the car's blue book value is $11,000; the financed loan is for $14,000, and about $11,000 of that is still owed).

Does anyone have any ideas, experience or tips on what to do in this situation? Any advice would be greatly appreciated. Thank you in advance!
 
He can't sell the car, unless he finds an idiot who'll buy it with the screwed up title.

He's stuck with the debt, regardless of what happens to the car.

Your dad has no legal remedy, but there are two possible solutions to this mess.

Contact KIA FINANCE as soon as you can.

Be very nice when you talk to KIA FINANCE.

Suggest a compromise:

Ask them to come repossess the car.
They have the lien on the car, and an ownership interest.
Get them to agree (IN WRITING), if you wish to do this, to let you pay off the loan.
(Negotiate a price you can live with, or dad can live with.)
They take the car, you (or dad) take them a cashier's check for the payoff amount.
You (or dad) honors the deal -pays KIA FINANCE the agreed upon amount-, they sign off on the title.

One of you, can now register the car.

Otherwise, dad will eventually get the car repossessed, and still be stuck paying the debt with NOTHNG to show for it.

At least, if one of you gets this corrected, the car can be sold or driven.

The second solution is bankruptcy.

It'll eliminate all debt, more importantly, it takes care of the car, too.
 
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I suggest dad attempt to obtain the car and voluntarily turn it into the finance company at their auction site to avoid tow/storage and repo fees. They should be able to default the loan after one late payment, auction the car and he will only deal with the balance due.
 
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