yukon

[hullabulloo]

I am getting a divorce in florida, my husband took my Yukon that was paid for and in my name, he thenconvinced me to sign a loan on it in both our names and title the car in both our names. He took the money and paid off his credit cards instead of mine like he was supposed to do.
He has since given the vehicle to an employee and has not paid for it. The employee and his wife are driving the vehicle and trashing it.
If the employee has a bill of sale but it still has a loan on it , isn't that against the law to sell a vehicle that has a loan on it and then not pay for it. Can I go get my vehicle, since I am paying for it?

[penelope10]

Originally Posted by hullabulloo

I am getting a divorce in florida, my husband took my Yukon that was paid for and in my name, he thenconvinced me to sign a loan on it in both our names and title the car in both our names. He took the money and paid off his credit cards instead of mine like he was supposed to do.
He has since given the vehicle to an employee and has not paid for it. The employee and his wife are driving the vehicle and trashing it.
If the employee has a bill of sale but it still has a loan on it , isn't that against the law to sell a vehicle that has a loan on it and then not pay for it. Can I go get my vehicle, since I am paying for it?

Neither you are the ex are now the owners of the car--the finance company is. The fiance company would need to be paid off before selling the car to another person. You as the co-owner would then have to give permission for the car to be sold. Are any payments being made to the finance company? The employee may not be aware that there is a lien on the car, is making payments to your spouse, or has paid the total amount owed to your spouse...

You can hire a repo company to come and get the car. I wouldn't just show up on my own and try and pick up the car myself.

[hullabulloo]

thankyou so much for the answer

[hullabulloo]

We have our final hearing on July 22nd. I have had to suspend my atty because of lack of funds. My husband had me run up all my credit cards on remodeling my mountain house and he had me pay for all our trips and nights out etc, in the background he was paying off all his debts.

He owns a commercial building and four businesses. He has avoided the server for the divorce, he is in default and now I do not have an attorney. He has had a year to pull all the money out of the businesses and has no paper trail. I have videos of him with his girlfriends and he supports several of them but I have no proof. He is filing for chapter 11 what do I say at this final lhearing? I have documentation of my credit report before and after he left. I just want my house my mountain house and my yukon. He can have the commercial building that he owes 200,000 on and is worth 2.1 million and the four businesses therein. Do you think I have a chance. It looks like he can just del=clare bankruptcy and take half of what i have left. Thanks Fonda

[fairisfair]

I disagree. It isn't illegal to sell a vehicle with a lien on it.

You cannot however transfer title to the new owner until the lien is released. And I would be curious as to the status of the insurance as well.

It is possible to get a temporary use permit (for the new "owner) from most MVD's with the bill of sale.

The "buyer" is the one who doesn't have clear title, and never will until the lien is satisfied.

And YOU still owe the finance company.

I would suggest that you begin by calling the finance company, and MVD and explain the situation to them, they should be able to advise you on how to best protect yourself.

Your husband is obviously disposing of marital assets, the court will not look favorably on that during your divorce settlement.

Have you addressed this with your attorney who is handling your divorce?

edited to add.... I just saw your last posting. I would suggest that you retain an attorney immediately to protect your interests. A little money spent now may well save you in the long run.

[penelope10]

Originally Posted by fairisfair

I disagree. It isn't illegal to sell a vehicle with a lien on it.

You cannot however transfer title to the new owner until the lien is released. And I would be curious as to the status of the insurance as well.

It is possible to get a temporary use permit (for the new "owner) from most MVD's with the bill of sale.

The "buyer" is the one who doesn't have clear title, and never will until the lien is satisfied.

And YOU still owe the finance company.

I would suggest that you begin by calling the finance company, and MVD and explain the situation to them, they should be able to advise you on how to best protect yourself.

Your husband is obviously disposing of marital assets, the court will not look favorably on that during your divorce settlement.

Have you addressed this with your attorney who is handling your divorce?

edited to add.... I just saw your last posting. I would suggest that you retain an attorney immediately to protect your interests. A little money spent now may well save you in the long run.

Sorry I did not make my explanation very clear. It is not illegal to sell a car with a lien on it, but eventually the car has to be paid off. If the car has multiple owners after being paid off (in this case husband and wife) those parties have to sign off on the title in order to make title transfer to the new owners. STBX may have committed fraud with these folks because they are probably under the impression that he can sign the title off to them himself (which he cannot do)

Having worked for a finance company, even if payments have been made, they may choose to repo the vehicle themselves once they find out other individuals have the car without their prior permission. And it will show up as a repo on her credit. (In other words if the car is not paid off). Depends on what is in the loan agreement. I would call the DMV first to see if they have any suggestions. Or she can hire a firm to go and pick up the vehicle herself. She did not sell the car to these folks, her stbx did without her permission. The new owners can then go after him for any funds they paid.

I agree she should rehire an attorney ASAP to protect the assets.