How do I get car title away from slacker co-registrant?

Thread view:

Enable EMail Alerts

Start New Thread

Thread rating:

<0> - 25 Apr 2006 01:51 GMT

I have a problem with another guy with whom I share the title on a car in
Va. He isn't paying his part of the bill (the car is still under lien by
the bank.) I know you can't just walk into DMV and ask to take someone else
off, but: he didn't have a legit license at the time the dealer transferred
the ownership. His license was suspended due to nonpayment of fines and etc.
(Funny they didn't catch that at the time.) Now he has one, but can I insist
to DMV that putting his name on the registration was not legitimate at the
time, so they can give it to me alone? (Kind of like annulment of
marriages?) That way, if I can own the car I can demand that he pay me, or
else just report it as stolen etc. (Just like if you let someone borrow your
sole-owned car, and they didn't give it back.) Is there anything else I can
do? Can the bank help me if they sympathize and think I'd be likely to pay
if I had the value of the car entire? Thanks, your help is much appreciated!

Reply to this Message

Tom The Great - 25 Apr 2006 02:42 GMT

>I have a problem with another guy with whom I share the title on a car in
>Va. He isn't paying his part of the bill (the car is still under lien by
[quoted text clipped - 9 lines]
>do? Can the bank help me if they sympathize and think I'd be likely to pay
>if I had the value of the car entire? Thanks, your help is much appreciated!

IMHO:

See a lawyer. They won't charge much for a consultation, and could
protect your credit if paying his half becomes too much.

hth,

tom @ www.CarFleaMarket.com

Reply to this Message

David Martel - 25 Apr 2006 15:14 GMT

O,

Have you tried to buy out his share of the car? I doubt that a court will
just give you the car if he contributed to the downpayment, upkeep, and
monthly payments. It sounds as if you have had the use of this car and he
has received nothing for his money. You'll probably need to pay off the
bank's lien as well as buy out your partner to get clear title.

Good luck,
Dave M.

Reply to this Message

bcattwood@gmail.com - 25 Apr 2006 16:15 GMT

> I have a problem with another guy with whom I share the title on a car in
> Va. He isn't paying his part of the bill (the car is still under lien by
[quoted text clipped - 9 lines]
> do? Can the bank help me if they sympathize and think I'd be likely to pay
> if I had the value of the car entire? Thanks, your help is much appreciated!

IANAL or nor do I live in VA, but I would think that the ownership of
the car is based on the deed not the registration. You certainly don't
need a valid license to OWN a car, maybe not even to register it, so
the license issue is probably moot.

The bank will likely not give a rat's butt about your problem. For
them, having two people on the hook for the car is better than one.
They don't care if you are paying one half or two, as long as they get
their money.

You might want to look into whether you can take this guy to small
claims and force an arrangement for him to pay his share or for you to
buy out his half.

Reply to this Message

cselby@mts.net - 25 Apr 2006 22:25 GMT

Go to DMV and say you did a bit of fraud?? Or the same at the Bank???
That's pissing on your own boots. Go read the original bill of sale.
Was his name on it or not. Was a there a subsequent bill of sale from
you to him or not? Go register a secondary lein on the car against
your buddy if he has any money into the car. The registration is only
an indicator of registered owner same as if you leased the car. It is
not the actual ownership document. This is actually a good life
lesson. Never go halfers on a car not even with a wife - or risk
losing friends and making enemies. The trouble you get into when sh.t
happens puts all the assets in the hands of lawyers.

Reply to this Message

<0> - 26 Apr 2006 20:19 GMT

> Go to DMV and say you did a bit of fraud?? Or the same at the Bank???
> That's pissing on your own boots. Go read the original bill of sale.
> Was his name on it or not. Was a there a subsequent bill of sale from
> you to him or not? Go register a secondary lein on the car against

I am listed as sole "transferee" on the original BoS, but both of us as
"purchasers" yet that happened before we checked with the CU. (The seller
was weird, and let the nephew drive around before even getting bank
approval.) Seller put us both on the registration and whatever equivalent
of a title while the credit union is still lien holder. We didn't touch the
docs since then, or have a subsequent bill of sale later. DMV already said
they don't change anything without bank permission (and wouldn't take
another person off a registration/title unless by court order anyway.) The
CU wouldn't either, regardless of what improprieties were involved. We
signed an informal contract (something I wrote myself but aptly worded)
saying he would pay for all costs of the car, or else forfeit the car. I
could sue in civil court but he has little money.

Hey: please explain a "secondary lien" on a car? I don't think I could
just make that happen on my own, with two names already to the car.

> your buddy if he has any money into the car. The registration is only
> an indicator of registered owner same as if you leased the car. It is
> not the actual ownership document. This is actually a good life

Well, what *is* the actual ownership document, who has it, who can change it
and why, etc? REM I'm in Virginia.

> lesson. Never go halfers on a car not even with a wife - or risk
> losing friends and making enemies. The trouble you get into when sh.t
> happens puts all the assets in the hands of lawyers.

Thanks. PS: I already sued for not sending in the repair warranty and won.
That got some, not all, of my money back.

Reply to this Message

trainedkiller@iraqvet.com - 26 Apr 2006 05:49 GMT

Get a large high powered rifle and shoot the son of a bitch. Once
he's dead, he will be removed from the title.

Reply to this Message

Jon Beaver - 26 Apr 2006 15:58 GMT

>>I have a problem with another guy with whom I share the title on a car in
>>Va. He isn't paying his part of the bill (the car is still under lien by
[quoted text clipped - 12 lines]
>Get a large high powered rifle and shoot the son of a bitch. Once
>he's dead, he will be removed from the title.

To OP: Who has the car? What was the agreement between you when you
bought the car? Are there any writings other than the DMV title
documents?

- Jon Beaver

Reply to this Message

<0> - 26 Apr 2006 20:20 GMT

> >>I have a problem with another guy with whom I share the title on a car in
> >>Va. He isn't paying his part of the bill (the car is still under lien by
[quoted text clipped - 12 lines]
> >Get a large high powered rifle and shoot the son of a bitch. Once
> >he's dead, he will be removed from the title.

Sounds better all the time!

> To OP: Who has the car? What was the agreement between you when you
> bought the car? Are there any writings other than the DMV title
> documents?
>
> - Jon Beaver

The nephew gets to use the (used) car; I didn't need another one. He was
supposed to pay for all of it but didn't have good enough credit to get a
loan. I am listed as sole "transferee" on the purchase contract, but both
of us as "purchasers" yet that happened before we checked with the bank.
(The seller was weird, and let him drive around before even getting bank
approval.) Seller put us both on the registration and whatever equivalent
of a title while the credit union is still lien holder. DMV already said
they don't change anything without bank permission (and wouldn't take
another person off a registration/title unless by court order anyway.) The
CU wouldn't either, regardless of what improprieties were involved. We
signed an informal contract (something I wrote myself but aptly worded)
saying he would pay for all costs of the car, or else forfeit the car. I
could sue in civil court but he has little money. I suppose I'll have to
buy out his share and use that as leverage to encourage payment later.

Reply to this Message

Jon Beaver - 27 Apr 2006 05:24 GMT

>> >>I have a problem with another guy with whom I share the title on a car
>in
[quoted text clipped - 47 lines]
>could sue in civil court but he has little money. I suppose I'll have to
>buy out his share and use that as leverage to encourage payment later.

Okay, I get it now. For all of the disguises as something else, here
is what the transaction REALLY is:

HE bought the car. It's his car, not yours, notwithstanding the DMV
title. You borrowed money and loaned it to him for the purchase
price. The loan was secured by the car for the protection of the
lender using a statutory method of security instrument on the records
of DMV. You attempted to protect yourself and secure his promise to
pay off the loan by making a written agreement with him that he would
"forfeit" the car to you if he didn't. But under most states' laws,
such an attempted DIY security agreement in a motor vehicle is
unenforceable by self-help (physical repossession without a court
order) for a variety of political or public policy reasons. It is
possible, however, to get a court to straighten this out by forcing
him to sell the car to pay you off, but you probably have to pay off
the loan before you could sue. You always have the option of just
suing him for money, but you still would have to have actually
suffered money damages before you did -- i.e., you'd have to pay off
the loan.

Do not attempt to repossess the car. And, uh, don't shoot him.

- Jon Beaver

Reply to this Message

<0> - 27 Apr 2006 18:46 GMT

> >> >>I have a problem with another guy with whom I share the title on a car
> >in
> >> >>Va. He isn't paying his part of the bill (the car is still under lien
> >by
> >> >>the bank.) I know you can't just walk into DMV and ask to take someone

...

> To OP: Who has the car? What was the agreement between you when you
> >> bought the car? Are there any writings other than the DMV title
[quoted text clipped - 21 lines]
>
> HE bought the car. It's his car, not yours, notwithstanding the DMV

Not quite. We "bought" (as a transaction, regardless of who comes up with
the money) the car together, and both names are on the registration/title.
He gets to drive it, since I don't need it, but we have equal standing I
suppose under the law. My name is actually on the car loan itself. He is
just expected to make the payments, but the CU doesn't care so they hassle
me. I don't even know what sort what sort of security instrument you are
talking about - this is just like any other dual-title car, like husbands
and wives often have.

> title. You borrowed money and loaned it to him for the purchase
> price. The loan was secured by the car for the protection of the
[quoted text clipped - 11 lines]
> suffered money damages before you did -- i.e., you'd have to pay off
> the loan.

Well, the agreement says that he will pay "all" costs of the car, and that
if he misses any payments at all (which he has) then the agreement violation
kicks in. Me even being pressured to make one payment to avoid the
consequences *is* a money damage in effect, no? PS thanks for all the
advice.

> Do not attempt to repossess the car. And, uh, don't shoot him.
>
> - Jon Beaver

Reply to this Message