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Help with car loan

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T

torch

Guest
What is the name of your state?
Im in arizona.. I co-signed for a car for my now ex. I made an agreement that if we ever broke up that she would refinance the car and remove me from the loan. she has failed to do so. Is there a legal action that can be taken to force her to refinance or is there a legal way to remove my name? She was late 15 days on one payment. Only reason why I would like my name removed is for the fact I would like to get an apartment and a new car for myself but can not do so because of her loan. I need help badly
 


HomeGuru

Senior Member
torch said:
What is the name of your state?
Im in arizona.. I co-signed for a car for my now ex. I made an agreement that if we ever broke up that she would refinance the car and remove me from the loan. she has failed to do so. Is there a legal action that can be taken to force her to refinance or is there a legal way to remove my name? She was late 15 days on one payment. Only reason why I would like my name removed is for the fact I would like to get an apartment and a new car for myself but can not do so because of her loan. I need help badly
**A: have you heard of the legal system?
 
T

torch

Guest
Im trying to figure out what actions to take.. I know I can do something but what?
 
N

no lawyer here

Guest
torch said:
Im trying to figure out what actions to take.. I know I can do something but what?
A: Is the car licenced in your name?
 

racer72

Senior Member
In spite of your agreement, you must realize that if your ex is unable of obtain financing on her own, there will be no way for you to be removed from the loan contract. Before spending any money you may wish to see if your ex is even credit worthy to obtain her own financing.
 

JETX

Senior Member
"I made an agreement that if we ever broke up that she would refinance the car and remove me from the loan. she has failed to do so."
*** And it is very likely that the 'agreement' is NOT legally binding (no mutual consideration).

"Is there a legal action that can be taken to force her to refinance or is there a legal way to remove my name?"
*** No.

"She was late 15 days on one payment. Only reason why I would like my name removed is for the fact I would like to get an apartment and a new car for myself but can not do so because of her loan. I need help badly"
*** At this point, since you haven't made any payments on her behalf, you haven't really been 'damaged' and therefore, no rights or obligation to undo your 'signature guarantee'.
 
Last edited by a moderator:
T

torch

Guest
Yes she is financially able to refinance the car in her own name.. And the agreement was an agreement 'we' both came up with. I also have a signed and document from her that states she will make all payments ontime..

Does that help any? it was written before she failed to make a payment on time.

Basically the issue at hand is I need to find away to remove my name from the loan so I can be able to get a vehicle of my own.. My 38 year old car is not going to last much longer as a daily driver.
 

racer72

Senior Member
I have a 38 year old car too but I don't drive it everyday. 66 GTO's are getting hard to come by and it gets lousy gas mileage.
 

JETX

Senior Member
"Does that help any?"
*** No.

"it was written before she failed to make a payment on time."
*** Doesn't matter.

"Basically the issue at hand is I need to find away to remove my name from the loan so I can be able to get a vehicle of my own."
*** And the ONLY way to get your name removed is for the loan to be paid in full.
 

JETX

Senior Member
"Honest opinion would mediation be a good idea"
*** To mediate what?? There is no issue to mediate!!
 

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