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Owner of car? person paying or person who's name is on registration?

Discussion in 'Alternative Dispute Resolution' started by Alessandria, Sep 24, 2013.

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  1. Alessandria

    Alessandria Law Topic Starter New Member

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    My mom took a car loan for her ex son in law, car and insurance are on her name, he is paying for it, but is always late on payments and my mom even had to make the most recent payment, and this is causing my mom stress and bad credit report. She does not want this guy to have the car anymore, but it can not be transferred to him, because of his bad credit. Can my mom pick up the car and have the dealer sell it, so she doesn't have to deal with it anymore?? Can her ex son in law sue her for this?
     
  2. Betty3

    Betty3 Super Moderator

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    Just to verify, is Mom the only one who signed for loan? Whose name(s) are on the title - (how is the title worded?)

    Thanks.
     
  3. guestpost

    guestpost New Member

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    Loan and registration solely on my mom's name
     
  4. Alessandria

    Alessandria Law Topic Starter New Member

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    My mom's name is the only one that appears on the registration, and loan, thank you!
     
  5. Betty3

    Betty3 Super Moderator

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    Ok. (Mom loan & registration) Actually, currently the "finance co." owns the vehicle & has the title until it is paid off.

    If your Mom signed for the loan, she is responsible for payments. Sometimes it's not a good idea to sign for a loan for someone or even co-sign.

    Someone may come along with some suggestions for your Mom.
     
  6. mightymoose

    mightymoose Moderator

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    Mom can take the car and sell it whenever she likes. If she does sell it, she better get enough to cover the loan, because she is responsible for the loan until paid in full no matter who has the car.
    The dealer won't take the car back to sell it for her. She could also take the car and keep it for herself. Any property in the car should be returned to the owner.
    If she does take the car there is a chance he could try and sue her since he put money into the car. A judge would have to decide who owes what, but it would be up to him to even get it that far.

    If mom opts to take the car she should inform local law enforcement prior to doing so in case a theft report is made.
     
  7. Alessandria

    Alessandria Law Topic Starter New Member

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    There is a someone interested in the car already, there's a balance of about $7000 and my mom can get approximately $8000 for it, my concern is, if he can sue my mom for what he already has paid on the car or for the gain of the sale!? Thanks
     
  8. Betty3

    Betty3 Super Moderator

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    Anyone can sue anyone else at any time for anything but that doesn't mean they will win. He might be able to get back what he paid on the car but that doesn't mean he will get any gain. It would be up to the judge to decide what (if anything) he is due.
     

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