stress out senior citzen.husband recently past away

[lilonetina]

i am seeking advice for my mother who is 75 yr old who husband past awaY ON oCTOBER 2009 there was never a trust made out.so me being there oldest daughter was in charge of handling all affairs of transfering title after the forty day probate . My father was under the impression that co sign for my nephew for this 200 ford focus new car.which was purchase august 2008 ,To find out after my father past way that my nephew had talked him into going to look at the cars at the ford dealer here in sanjose he had brother in law working there as car dealer. My father had told me a month prior of my nephew asking him to co sign which my father told him no due to my new was only 23 yr old and his jobwasn't that secured only wotking not even a year yet.My father was a very sick man being diabetic and also a amputee that was always fully medicated on morphine a high dosage daily. my parents ended telling mer that my nephew has took my father to look at car and they spoke to his brother in law. my father wasn't felling to hot so ask my nephew to bring him home .well my nephew ended going back to the car lot to get his brother to come with him to my parents home with car loan contract, so my father could co -sign on vehicle contract for the loan .I come over next day to see new car parked. my father was in alot or in hospital so we didn't discuss matter of car. My mother just told me he had co signed for my nephew but that my nephew had came back after taking his brother back to work to process car contract papers. My nephew then was telling my parents he didn't need my father as a co-signer after all. My father was never given copies of paper of contract back . three months later my nephew goes to prison. and car was at my famly home. My father and nephews mother came to the agreement that she work take car home and up keep payment for her son.My father past away October 4,2009 while in the process of gather all his important papers. My mother and i discusss matter of this Ford focus.I explain that she didn't need this liability hanging over my father estate .Due to if he was a co-sign and one with credit and estate that lenders could come after and place holds or points on my deceased father creit report, My MOTHER IS VERY STRESS in this matter due to there has been problems already. i ended coming across some of my nephew personel belongs inspare room to find both copies of said car ontract and loan papers. i am sure one copy was to be given to my father which ne never got. To find out that my father name is as the co-buyer.Of course my nephew didn't need a co-sign due to the co-buyer my deceased father credit is good. That was the only way forf motor credit co approved the finance loan. Her is my 75 yr mom barely losing my dad . that same week i find this out. Then a letter arrives address to the estate of raul reyes or wayne reyes from the impounded dept. the car was impounded for 30days,She called ford impound credit dept and explain how she was spouse of the co-buyer .To be told to send them copy of death certicate and bried leeter of how she wanded my father name off car loan contract . she gave information of where my nephews was in prison and his mother name and number..after the 30 days my nephew mother took car out. My mother make it clear how my father name had to come off contract due to she can't afford this liabilty. So they would have to get someone to co-sign and if she couldn't then car needed to go babck to dealer,as it was the mother of my nephew was struggling to keep up car payment and insurance . My nephew gets out of prison on November 2009.ends up getting parking ticket and doesn't pay it for two months again letter comes for the estate of rAUL REYES.mY FATHER HAS CALLEd andtalked to Ford motor credit co. in Atlanta, georgia of he concerns.On december another letter arrives but from ford credit dept addresses to the estate of rAUL Reyes stating december payment hadn't arrive and that points were reflecting on creit report of raul reyes. <y mother calls my nephew and his mother and she is very stress over this mater her blood pressure has went up because my nepheww and his mother are ignoring her pleas and Ford was also ignoring her request.My mother spoke to an acoount manager from ford now to be told that they can't give her any information on car loan due to she isn't on contract,And that the only way my father name could come off laon contract is for my neohew to request this document # 449326 ,#1510785 to be mailed to him and that he would need to fill it out to have my father name off loan but then he would need to get a co-signer. Well he isn't working and even though his mother and sibling are struggling monthly to help him with caR they don't have any credit no one he nows would want to co-sign since he isn't working.Otherwise what is is saying he will not give up car even knowing this is a liabilty can be held against my father estate. Would my mother needs is to get infor what can be done to remove my father name .She feels that even though her name isn't on car loan she should have some say of this matter reflect back at mty father estate of miised payments, damages etc

 

[tpajet]

I wouldn't worry about black marks on your Father's credit report if he has passed away. His credit report isn't going to really matter now. And they shouldn't be able to go on her report, as they did not have her info. In fact, I would be cautious of her giving them any of her info.

 

[lilonetina]

I wouldn't worry about black marks on your Father's credit report if he has passed away. His credit report isn't going to really matter now. And they shouldn't be able to go on her report, as they did not have her info. In fact, I would be cautious of her giving them any of her info.

that's for the reply. what worries my mother is because of my father's name being the co buyer that has the credit and estate. that the finance company and tickets un-paid are still being sent here and addressed to the estate of my father. Even though he past away the liability and responsibity can find a way to come after the spouse . thay what she is worried about. Is'nt their any thing can be done as far as having my fathers name off the this vehicle loan contract.Otherwise is their any legally that can be done .and if my nephew isn't working has no credit then Ford should take action and repo car since he would has no credit or co-signer. I do know that what this car dealer of ford did wasn't ford policy to come to a person home to get someone to sign car contract papers.

 

[tpajet]

I doubt she will be able to get his name off of this. She can check, and possibly since he is deceased, but since it is past due, I doubt it. The worst case scenario is that they would repossess the car and sell it. You would then have what's called a deficit, and that is the difference between what is still owed on the car, and what the bank actually sold it for. It would go against the credit reports, but big deal. By the way, your mother needs to contact the credit bureau's and have his credit shut down.

However - one big question - who is the car registered to? I would think it would be the nephew, but since your mother is the getting the letters, that leads me to believe it's registered in your father's name. If that's the case, she can sell the car. She would have to pay the bank the difference, but it might be something to consider.

That leads us to the next part - the tickets. If the car was registered in you father's name, then she needs to contact the court and tell them he is deceased. They will want a copy of the death certificate, but that should put an end to it. They can't prosecute a dead person. Depending on state law, they might be able to go after the estate, but I doubt it. The best course might be to call and ask if they can, without telling them who you are. If they indicate they can, then contact them later and explain that the car is your nephew's car, show the loan papers, and explain that he was the one driving. It may or may not work, but it's worth a try.

 

[lilonetina]

I doubt she will be able to get his name off of this. She can check, and possibly since he is deceased, but since it is past due, I doubt it. The worst case scenario is that they would repossess the car and sell it. You would then have what's called a deficit, and that is the difference between what is still owed on the car, and what the bank actually sold it for. It would go against the credit reports, but big deal. By the way, your mother needs to contact the credit bureau's and have his credit shut down.

However - one big question - who is the car registered to? I would think it would be the nephew, but since your mother is the getting the letters, that leads me to believe it's registered in your father's name. If that's the case, she can sell the car. She would have to pay the bank the difference, but it might be something to consider.

That leads us to the next part - the tickets. If the car was registered in you father's name, then she needs to contact the court and tell them he is deceased. They will want a copy of the death certificate, but that should put an end to it. They can't prosecute a dead person. Depending on state law, they might be able to go after the estate, but I doubt it. The best course might be to call and ask if they can, without telling them who you are. If they indicate they can, then contact them later and explain that the car is your nephew's car, show the loan papers, and explain that he was the one driving. It may or may not work, but it's worth a try.

thanks for the information . as far as who the car is registered to is both my nephew is the buyer and my father is co-buyer Its Or on loan and registration. what i also found out when my father past away. i found the vehicle contract in spare room of my family in my nephew belonging. He knew that if he caught my father when he was fully medicated on his morphine that he could probably talk him into co -signing for him . my father had told him many times he was in no predictment to co -signfor him or any elso. then my 23 yr, nephew had only been working at safeway not evenclose to a year, and so his jobwasn't that secure., To find out that my nephew brother in law worked at the ford car dealer here in san jose,ca. when i wsn't around my nephew ended talking my father to co -sign. when my father was on his pain medication he was pretty medicate having a high tolerance. and at times he was to medicated and at couldn't hold conversation. my nephew ended up bringing his brother to my family home ,while he was working one day and had my father sign said contract of car and loan..Now i know that isn't Ford motor co. policy and especially if the buyer had been terminally ill this is ILLEGAL. after papers got my father signature my nephew takes him back to his jobsite. and ended up coming back with this 2008 ford focus . My father in his minded kept saying to my mom and me he was the co-signer. Well my nephew comes back with car and tells my father grandpa i didn't need you to co -sign after all. Well when i found the contract in october 2009 to find out that my father name is down as the co-buyer. My mother was stunned to barely be finding this out which my father was never given copies of contract. I explain to my 75 year old mother is that my nephew didn't want my father to see how his brother plaace my father name as the co-buyer. Which this car loan was approve soley on my father credit history. Now being that my nephew hassn't landed a jobafter being released from prison in november 2009 ,he wouldn't be able to get loan refinace in his name and no one will co-sign for him .His mother was up keeking car payment for a year, But there has been a few defaULTS ALREADY for driver had suspended license . vehicle got impounded for thirty days , then parking ticket that my neohew got was un paid for two months, ansd in december 2009 ford didn't get car payment. my nephew waS GRANTED A EXentsion. what my mother wants is for my father name to be off loan contract. SHE AFRAID THAT THIS IS A LIABILTY THAT COULD REFLECT ON HER BEING SPOUSE OF CO-BUYER ESPECIALLY SINCE THIS LETTERS WERE BE MAILED TO THE ESTATE OF RAUL REYES AND WAYNE REYES. SHE FEELS THAT JUST BEING MY FATHER HAS ASSETS AS HOME BUT I RECENTLY HAD TITLE TRANSFER TO MY MOTHER AND ALSO EVERYTHING ELSE THAT MY MY DAD NAME . SHE DOESN'T WANT THIS HANGING OVER MY FATHER NAME.SO FAR THER IS BEEN THREE LAIBILTITY DEFAULT SO WHAT'S NEXT? SHE IS SO WORRIED OVER THIS THAT HER BLOOD PRESSURE HAS WHEN UP .