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  1. #1
    Tiffany c is offline Junior Member
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    Put my car title in someone elses name- they took a loan and defaulted

    I live in Chicago, I put my 2003 Mercedes-Benz valued at 20,000 (fully paid off) in a *friends name and she took out a loan and is now default. she has never paid a penny for the car, in fact i paid to transfer the title with my credit card. Do I have any legal recourse?
  2. #2
    Some Random Guy is offline Senior Member
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    Nope. Its not your car. She has every right to take out a loan against her property.
  3. #3
    cyjeff is offline Senior Member
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    Isn't hiding assets fun?

    Why would you put a fully paid off MB in someone else's name?

    To me, this sounds like karma.
  4. #4
    tranquility is offline Senior Member
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    I both agree and disagree with the other posters. I disagree in that there is no way anything can be done. Depending on the facts of the transfer, maybe there are things which can be done.

    I agree in that this seems a scheme of the OP to do something unsavory. If the case, then the scheme just cost her the car.

    So, Tiff, why did you transfer title?
  5. #5
    Nativity is offline Member
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    Plates get suspended?
  6. #6
    Tiffany c is offline Junior Member
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    Plates got revoked

    I got a DUI. I had the car in the garage but my brother wanted his spot back. My family does not know about the DUI. I could not park on the street. She offered to get the plates and I did it! Now I am w/o a car. I was told there is something called equitable interest which she has none. I know that pertains to real estate but does it also pertain to personal property?
    Last edited by Tiffany c; 10-30-2008 at 08:37 PM.
  7. #7
    Zigner is offline Senior Member
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    So, you gave your friend the car huh?
  8. #8
    cyjeff is offline Senior Member
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    Quote Originally Posted by Tiffany c View Post
    I got a DUI. I had the car in the garage but my brother wanted his spot back. My family does not know about the DUI. I could not park on the street. She offered to get the plates and I did it! Now I am w/o a car. I was told there is something called equitable interest which she has none. I know that pertains to real estate but does it also pertain to personal property?
    So you got a DUI. You decided you still needed to drive.

    You titled your car to your friend so she could get tags on the car you were driving.

    Then, your friend screwed you by taking out a loan against the car you titled over to her so that she could fraudulently get plates for it.

    Is that everything?

    You really want to explain this to a judge?
  9. #9
    xylene is offline Senior Member
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    Quote Originally Posted by Tiffany c View Post
    I got a DUI. I had the car in the garage but my brother wanted his spot back. My family does not know about the DUI. I could not park on the street. She offered to get the plates and I did it! Now I am w/o a car. I was told there is something called equitable interest which she has none. I know that pertains to real estate but does it also pertain to personal property?
    You could have gotten a storage unit.
  10. #10
    Zigner is offline Senior Member
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    Quote Originally Posted by xylene View Post
    You could have gotten a storage unit.
    Then how would she have DRIVEN the car?
  11. #11
    tranquility is offline Senior Member
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    Title is presumptive proof of ownership. You can defeat this through other means. One way, and the only way applicable in these facts is an equitable ownership one. That was what I was referring to in my previous post. The problem you have is that equity is to make things fair and a counter to your equitable claim is a challenge of unclean hands. You dealt with things in a way which was illegal if your equitable claim was upheld. The court will not find in equity in your favor because of this.

    Sorry, but I don't think you can make a successful argument to keep the car.
  12. #12
    Tiffany c is offline Junior Member
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    Two Wrongs Make A Right?

    So pretty much in the laws eyes we both did something wrong and that's that. There is no proof I drove the car. Even if I did, does that give her the right to break an oral agreement that when I am legally able to put the car back in my name she has taken all the equity that I put into the car? And never made a single payment on the loan that she took out in her name?
  13. #13
    cyjeff is offline Senior Member
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    Quote Originally Posted by Tiffany c View Post
    So pretty much in the laws eyes we both did something wrong and that's that. There is no proof I drove the car. Even if I did, does that give her the right to break an oral agreement that when I am legally able to put the car back in my name she has taken all the equity that I put into the car? And never made a single payment on the loan that she took out in her name?
    I am not saying who is more wrong.

    All I am saying is that if you take this to court, all will be discovered.
  14. #14
    Tiffany c is offline Junior Member
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    This really sucks! I am not some rich girl that has daddy, sugar daddy, drug money..... I saved for 6 years to buy that car... My dream car and have some *FRIEND take it! Do you think it is worth taking it to court? Do I have a chance of winning? Will I get into trouble? And yes I would explain that to a judge! What I did was wrong but what she did was wrong to.
    Last edited by Tiffany c; 10-31-2008 at 08:22 PM.
  15. #15
    cyjeff is offline Senior Member
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    Quote Originally Posted by Tiffany c View Post
    This really sucks! I am not some rich girl that has daddy, sugar daddy, drug money..... I saved for 6 years to buy that car... My dream car and have some *FRIEND take it! Do you think it is worth taking it to court? Do I have a chance of winning? Will I get into trouble?
    I don't know how to say this any clearer.

    If you go to court to sue a person for taking out a loan on a car she had title to, you had better have a damn good reason.

    Saying, "I had a DUI and needed tags" will not play well.

    And you can play all you want. A stored car doesn't need tags. Only one driven does. The judge will see through that as well.

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