Dispute over release of title

[novaboi]

What is the name of your state? Maryland


Ok, Ill try to explain this without confusing anyone. I purchased a car in 2000 and had someone cosign on the loan with me. I made all payments on the vehicle on time, and in April of 2003 made a lump sum payment effectively paying off the car.

I recieved the title to the car in the mail, and of course lists both my name and the cosigner's name on the title. I made an attempt to sell the vehicle, but doing so requires that I get the signature of both people on the title. The friend that cosigned my car is refusing to sign the title because he feels I owe him money on a credit card debt of his when we were roommates 2 years ago. In otherwords, he wont sign the title due to a personal conflict, unrelated to the car itself.

Any legal recourse to get his name off the title so that I can sell this car?

Thanks

Jase

 

[Souix]

What is the name of your state? Maryland


Ok, Ill try to explain this without confusing anyone. I purchased a car in 2000 and had someone cosign on the loan with me. I made all payments on the vehicle on time, and in April of 2003 made a lump sum payment effectively paying off the car.

I recieved the title to the car in the mail, and of course lists both my name and the cosigner's name on the title. I made an attempt to sell the vehicle, but doing so requires that I get the signature of both people on the title. The friend that cosigned my car is refusing to sign the title because he feels I owe him money on a credit card debt of his when we were roommates 2 years ago. In otherwords, he wont sign the title due to a personal conflict, unrelated to the car itself.

Any legal recourse to get his name off the title so that I can sell this car?

Thanks

Jase

**No and if I were him I would file a lien against the title until you paid him off. This way you would never be able to sell the car without paying him first. I say, good for him!**

 

[djohnson]

I have never heard that a co-signer had to be listed on the title. Did you make them joint on the title? Was the loan not really co-signed but jointly held? Is the names on the title listed as and or or? I disagree with the other person. Any other money involved would be a separate issue that had nothing to do with the car. If they continue to refuse and is necessary to have it. Then I would see an attorney. You may have to prove what your verbal agreement with this other person was.

 

[Souix]

I have never heard that a co-signer had to be listed on the title. Did you make them joint on the title? Was the loan not really co-signed but jointly held? Is the names on the title listed as and or or? I disagree with the other person. Any other money involved would be a separate issue that had nothing to do with the car. If they continue to refuse and is necessary to have it. Then I would see an attorney. You may have to prove what your verbal agreement with this other person was.

**Cosignor is just another word for Coborrower. Yes their name goes on the title. The cosignor will probably have to prove that money is owned to them, and get a judgment, but it IS possible to put a lien on a car.**

 

[djohnson]

Here the term co-signer is more like a guarantor and does not aply at all to the loan. Also here the vehicle can be titled differently than the loan is. Did not know in some states this was a requirement. I understand that you could get a lien on the car but first that person would have to prove the debt and obtain judgment and actually still may not be able to put it on the vehicle. It is two separate issues at this point and should be handled as such. By not doing that the person refusing may cause more trouble for himself especially if there was a verbal agreement that the car belonged to one of them, and the other would sign. I would press this person if it is titled to you AND that person. If they still didn't budge I would see an attorney.

 

[Souix]

Here the term co-signer is more like a guarantor and does not aply at all to the loan. Also here the vehicle can be titled differently than the loan is. Did not know in some states this was a requirement. I understand that you could get a lien on the car but first that person would have to prove the debt and obtain judgment and actually still may not be able to put it on the vehicle. It is two separate issues at this point and should be handled as such. By not doing that the person refusing may cause more trouble for himself especially if there was a verbal agreement that the car belonged to one of them, and the other would sign. I would press this person if it is titled to you AND that person. If they still didn't budge I would see an attorney.

***Borrower defaults, cosignor is liable for the debt. To me that is the same as a co-borrower. I think the other person does have to prove the debt, but once they do they can still slap a lien on the car, just like any other piece of property. In this case the cosignor is on title and is not releasing it until the debt in question is paid. Smart move.***

 

[djohnson]

Cosigner and coborrower can be different for a couple of reasons. A cosigner isn't automatically put on the title and made co-owner being the biggest. If OP goes to attorney the co can't legally hold the property without going through the proper channels and may or may not can prove the debt. The co person isn't asking for advice. The purpose is to help the OP. I stick by mine. Push the other person. If they still refuse to budge then see an attorney. You have rights also. Good Luck.

 

[Souix]

Cosigner and coborrower can be different for a couple of reasons. A cosigner isn't automatically put on the title and made co-owner being the biggest. If OP goes to attorney the co can't legally hold the property without going through the proper channels and may or may not can prove the debt. The co person isn't asking for advice. The purpose is to help the OP. I stick by mine. Push the other person. If they still refuse to budge then see an attorney. You have rights also. Good Luck.

**I thought the point of this forum was objectivity and not representation of either side. I'm not on anyone's side, just want to see people who are owed money be able to collect it. I'm pretty sure if the OP was owed the money, they would be wondering how to collect it too. Anyway, where is the OP?

 

[djohnson]

**I thought the point of this forum was objectivity and not representation of either side. I'm not on anyone's side, just want to see people who are owed money be able to collect it. I'm pretty sure if the OP was owed the money, they would be wondering how to collect it too. Anyway, where is the OP?

Basically you are giving your opinion based on what you believe. He may not even owe the money. If he does or doesn't isn't the point of the thread. He asked for advice on what he could do on a legal forum. I think he must have got scared away.

 

[novaboi]

further explained

Thanks for the advice guys, spoke with a lawyer today and made some great progress.


Here is the case explained a bit further.

My former roommate had a credit card in his name, for which he made purchases for things like dvds, tv, kitchenware, clothes, dinners, etc.. The card was solely in his name, never used by me, nothing was signed by me, it was his account completely.

He did however purchase my bedroom furniture. When we got our own apartments, the only belongings I took from the Apartment was my bedroom furniture. For this, I paid him $3,000 to cover that cost. I have kept reciepts and cancelled checks as proof of payment.

I continued to make my car payments as always, never defaulting on a payment, and even paid the car off 18 months early. I guess being naive, never releazed when I paid the car off that his name would also appear on the title.

2 years after moving out and paying him $3000 for the furniture, is when I got my title and needed his signature. That is when he refused demanding that I send him more money before he signs it. He would not justify for what items he felt i still owed money on, only saying that we were roomies for so long that I should have paid 50% of his credit card when I moved.

My lawyer informs me that these are two seperate issues and will be handled as two seperate cases. He would have to prove that I owed him money somehow.

Basically, I feel like this. I wont pay for something that I dont feel I owe, nor can he prove that I owe. I basically feel like Im being blackmailed over the whole issue. So, filed a Petition for Release of Title, gathered all my supporting information, cancelled checks, bank statements, receipts etc.. So we will see how the issue is resolved.

Once again thanks for all the advice!