ATV/Quad Ownership

designer102 · #1 08-15-2009, 01:53 PM

I'm located in Pennsylvania.

My issue is this. I financed a quad for my boyfriend a year ago. He's made all the payments. The last two or three payments were made through his bank account the rest were through money orders. He's been late on the majority of the payments. The only reason it ever got paid before was because I nagged him to pay it.

The quad is still being financed - it's in my name. The registration card (not the title) is in my name also. Somehow the insurance is in his name. We recently broke up and I can trust him to continue making the payments.

Right now the quad is at his friends house but I'm sure the keys aren't there. Can I go there with the cops and take back the quad?

Do I have any rights? Legally what can I do to get the quad out of my name? (Without having to pay off the 5,000 dollar loan myself.) GE Money, who the loan is through, said it didn't matter who's making the payments as long as the loan and registration card are in my name. Then I'm getting told by people that he's making the payments there's nothing I can do. I don't trust him with the payments. What can I do?

ecmst12 · #2 08-15-2009, 01:59 PM

He can try to refinance the loan in his name, now that it is smaller he may be able to get approved.

designer102 · #3 08-15-2009, 02:01 PM

That's true since it's smaller now but I'm dealing with someone who is hard headed. He won't do it unless forced to.

ecmst12 · #4 08-15-2009, 02:07 PM

Legally there's no way to force him.

designer102 · #5 08-15-2009, 02:21 PM

This is probably going to sound stupid but I just can't wrap my brain around the fact that it's my quad but because he makes payments (and most of them are late) that he basically takes ownership over it.

ecmst12 · #6 08-15-2009, 03:36 PM

He has ownership because you gave it to him.

designer102 · #7 08-15-2009, 05:35 PM

I'm trying to find any loop hole if possible. And I think I found one in the contract for the quad. It states:

"You shall not garage the Unit at any address other than the address shown on the front of this contract without our written consent."

Right now he's keeping the quad at his friends. He's not a co-signer. It's my name on the contract and my address. So if I were to go get that quad I could since it should be at my address, right?

LSCAP · #8 08-15-2009, 06:23 PM

How is it his?
The registration and debt are in the OPs name.
She should be able to take it back whenever she wants to.

And, unless it's wrecked, try to sell it.

designer102 · #9 08-15-2009, 06:43 PM

That's what I thought too but I'm getting opinions from several different people saying different things...

I absolutely learned my lesson! But in the meantime I'm trying whatever I can to save my credit from someone who isn't responsible enough to take care of the payments on his own. The only thing I have right now is what it says in the contract to that it should be garaged at my address. That's a way I know it'll be safe and away from someone who would purposely damage it.

LSCAP · #10 08-15-2009, 07:45 PM

Actually, if he doesn’t give it to you, he is committing Theft.

The insurance has nothing to do with ownership.

Ask Nice, then if he says no, Ask nice with a police officer with you.

ecmst12 · #11 08-15-2009, 09:05 PM

She gave him the keys, that means there is no theft any way you slice it. But if she has a copy of the keys, there is no way to prevent her from taking it back.

LSCAP · #12 08-16-2009, 06:32 AM

Ask Nice, then if he says no, Ask nice with a police officer with you.

JustAPal00 · #13 08-16-2009, 08:23 AM

Quote:

Originally Posted by LSCAP

Ask Nice, then if he says no, Ask nice with a police officer with you.

AMEN! It's yours no matter where it's stored, who has the keys, or who pays the insurance. Just look at the registration and title. The owners name will be on them. I would go as soon as possible and take possesion. Then give hime 30 or 60 days to come up with the ballance of the loan. If he can't , sell it!