Dispute over vehicle

[ThunderWolf]

What is the name of your state (only U.S. law)? Alabama

My ex girlfriend and I lived together. We purchased a vehicle in which I used my vehicle as a trade. It went into her name due to the lower finance charge. When we split I kept the vehicle and made the payments. She continuously harassed me about whether or not I was making the payments...were they on time and so forth. The last time she called she went as far as calling me ugly names and so I told her I was tired of the harassment and to come get the vehicle. To make a longer story short, she agreed to get it on a Saturday after I got home from work. She didn't show. I called her and asked her why and she said she didn't think I was serious. I assured her I was and we made arrangements for me to bring it to her on Monday. I kept the appointment and handed her the key. She said she thought she had it sold. I told her to let me know when it sold so I could drop the insurance and she said she would. I had a phone call from her tonight threatening to take me to court. She said the note on it was more than it's value and that I was responsible for the payments as she was unable to sell it. Now this vehicle is in her name and she freely accepted this vehicle back and so my question is how can she take me to court and hold me liable to make the payments? She also wants money that she pulled out of her account to help with finances while we lived together. She wasn't working at the time and used savings she had to help with groceries and household bills. Is she entitled to this? Thank you for any help given.

 

[TheGeekess]

Tell her to enjoy pounding sand and go ahead and stop paying the insurance (especially since it's not your car-and nothing is in your name).

 

[LdiJ]

Tell her to enjoy pounding sand and go ahead and stop paying the insurance (especially since it's not your car-and nothing is in your name).

Er...I am not sure I agree that he should stop paying the insurance just yet. I am not sure exactly why I have that gut reaction...but I do. I would recommend at least giving her a week or two notice before doing that. He also may be on the title even though he is not on the note.

Otherwise yes, he has every right to tell her to "pound sand" legally.

 

[Ohiogal]

Er...I am not sure I agree that he should stop paying the insurance just yet. I am not sure exactly why I have that gut reaction...but I do. I would recommend at least giving her a week or two notice before doing that. He also may be on the title even though he is not on the note.

Otherwise yes, he has every right to tell her to "pound sand" legally.

She took the car back. At that point IF the car does not have his name on the the title OR loan, he should stop with the insurance. She should have it insured under her name.

 

[TheGeekess]

Er...I am not sure I agree that he should stop paying the insurance just yet. I am not sure exactly why I have that gut reaction...but I do. I would recommend at least giving her a week or two notice before doing that. He also may be on the title even though he is not on the note.

Otherwise yes, he has every right to tell her to "pound sand" legally.

I said

(especially since it's not your car-and nothing is in your name).

Until the vehicle is paid for, the title rests with the finance company in the state of Alabama. So, doubt anyone is on the title at this point. Also, since the loan is in Ex's name, the title will be in her name (when/if issued). Insurance is her problem, especially since the vehicle is financed in her name. If she doesn't keep insurance on a financed vehicle, the finance company will charge her for it.

My original advice remains. Tell the ex to pound sand.

 

[LdiJ]

I said

Until the vehicle is paid for, the title rests with the finance company in the state of Alabama. So, doubt anyone is on the title at this point. Also, since the loan is in Ex's name, the title will be in her name (when/if issued). Insurance is her problem, especially since the vehicle is financed in her name. If she doesn't keep insurance on a financed vehicle, the finance company will charge her for it.

My original advice remains. Tell the ex to pound sand.

Are you sure that is how car titles work in AL? Because in every other state that I am familiar with the owners names are on the title, and the bank just physically holds the title until the note is paid off.

 

[ecmst12]

Yes, the owner's name is on the title and the bank is listed as the leinholder. The bank also physically holds the title as collateral in most states. But the owner is still named on there.

 

[penelope10]

I worked for a finance company years ago (in TX) not Alabama, but things are probably done very similarly. May be different if the title is held by a "tote the note company." The finance company holds the title to the vehicle. A temporary title is issued to the person financing the car. This title looks different from a permanent title and is a completely different color. (In TX the permanent title would be blue, the temporary title would be pink. Salvage titles are green and there is no regular finance company that I know of that will finance a salvage vehicle). The temporary title is used per say if the car gets impounded as proof that the person has an interest in said vehicle and is used to get the car out of the impound.

Once the car is paid off, the finance company signs off on their interest in the vehicle and the title is issued to the owner. Title would be under the name of the persons who took out the note.

OP can call the finance company to verify that his name is not on the title.

I'm not understanding how the gf's name was not on the insurance in the first place. In order to get insurance you have to have an insurable interest in the vehicle. From Op's description he did not have an insurable interest in the vehicle. Plus the fiance company should have named on the insurance as the lienholder. It certainly should have raised eyebrows with a normal finance company if proof of insurance came in without the customer's name on the insurance....Most lienholder's want the car covered under the name of the person's on the note---they don't want the car given over to another person for their sole use.

 

[ThunderWolf]

First I want to thank all of you for your advice...but it seems we've gotten off the main question here...I am dropping the insurance regardless but to clear up Penelope's question...She has a Saturn I had the jeep...the Saturn was paid for and it was insured as her being the primary driver...I was insured as the primary driver for the jeep...altho both are in her name...I was paying for the insurance from an automatic withdrawal from my bank account...that is how I can drop the insurance on those vehicles...I have also purchased another jeep that is covered by that same insurance policy so you see I can remove those two vehicles from the policy...now my main question or questions were referring to as to whether or not she will be able to hold me accountable for the payment on the vehicle that she now has in her possession and for money that she says I owe to her while she was living in my house used for household finances? Thank you all again for your advice.

 

[penelope10]

First I want to thank all of you for your advice...but it seems we've gotten off the main question here...I am dropping the insurance regardless but to clear up Penelope's question...She has a Saturn I had the jeep...the Saturn was paid for and it was insured as her being the primary driver...I was insured as the primary driver for the jeep...altho both are in her name...I was paying for the insurance from an automatic withdrawal from my bank account...that is how I can drop the insurance on those vehicles...I have also purchased another jeep that is covered by that same insurance policy so you see I can remove those two vehicles from the policy...now my main question or questions were referring to as to whether or not she will be able to hold me accountable for the payment on the vehicle that she now has in her possession and for money that she says I owe to her while she was living in my house used for household finances? Thank you all again for your advice.

If you are not on the note she cannot force you to make up for a shortfall if she has the vehicle. And she cannot go after you for household expenses that the two of you shared while living together. However if her name is on the policy as an insured, and not just a driver, you may not be able to just remove the vehicle without legal ramifications. You need to check with your insurance company to make sure that you CYA.

 

[OldandTired]

I think he's saying that since the insurance is being paid through and ACH through his bank, he can just stop those payments to the insurance company, and get another policy insuring just the vehicle(s) that he's responsible for.

OP, she cannot make you pay for anything. You got the correct answer from the jump. Tell her to go pound sand, go get bent, go piss up a rope, choose one. They all have the same meaning. You're off the hook.

 

[penelope10]

I think he's saying that since the insurance is being paid through and ACH through his bank, he can just stop those payments to the insurance company, and get another policy insuring just the vehicle(s) that he's responsible for.

OP, she cannot make you pay for anything. You got the correct answer from the jump. Tell her to go pound sand, go get bent, go piss up a rope, choose one. They all have the same meaning. You're off the hook.

Depending on the state, and I am unsure about Alabama, if she is a co-insured then she is a co owner of the policy. So it may not be a simple as just canceling the policy or stopping payment on the policy. She might have the right to keep that policy with his name removed and make arrangements for payment to be done another way. In other words, there may need to be formal proof that he notified her that he was removing himself from the policy and stopping the payroll deductions. That's why I suggested that he contact his insurance company to CYA.

At a minimum, if gf is a co insured I would call the insurance company and have my name removed and request that payroll deductions be stopped. I would also give them her current address and her current phone number. The insurance company would then contact her and ask her if she wished to keep the policy in force or have the policy cancelled.

 

[ThunderWolf]

I want to thank all of you for taking the time to advise me on this matter...I truly appreciate you taking the time to answer my question(s)...Your advise was very helpful as well as easing on my mind...I didn't think she had a leg to stand on but needed to know for sure...Thank you again and ya'll have a great week ahead...

 

[LdiJ]

First I want to thank all of you for your advice...but it seems we've gotten off the main question here...I am dropping the insurance regardless but to clear up Penelope's question...She has a Saturn I had the jeep...the Saturn was paid for and it was insured as her being the primary driver...I was insured as the primary driver for the jeep...altho both are in her name...I was paying for the insurance from an automatic withdrawal from my bank account...that is how I can drop the insurance on those vehicles...I have also purchased another jeep that is covered by that same insurance policy so you see I can remove those two vehicles from the policy...now my main question or questions were referring to as to whether or not she will be able to hold me accountable for the payment on the vehicle that she now has in her possession and for money that she says I owe to her while she was living in my house used for household finances? Thank you all again for your advice.

She cannot make you repay her for household expenses, but if she made any improvements to your home there is a slight possibility that she could successfully make a claim against you for that. I have seen people win on that kind of issue in small claims court.