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Car given to him in agreement, loan in both names

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Dawns_Dad

Guest
What is the name of your state? Virginia. Daughter's divorce was final a year ago. Each received a car in the settlement. His car loan was in both names - daughter's name first on the loan. She was unable to get him to remove her name from the loan before she moved out of state. Now he has given the car to a friend who is supposed to be making the payments. Loan is in default, lender threatening to repossess the car. We have offered to take possession of car and pay off loan. Unfortunately, we don't know how to reach him, only his parents and they don't wan to get involved. Can we declare the car stolen since the friend has the car out of state and is not paying for it? Can we sue the ex-husband for default? What can we do?
 


ellencee

Senior Member
I suggest you post this in the contracts section, too.
She is responsible for the loan balance. If he has sold a car that was financed and did so without the lender's permission, possibly the loan is due in full immediately.
If you are willing to pay off the balance, do so immediately to save her credit and hopefully she can negotiate with the lender to remove the entire credit report on this loan from her records. (don't anyone laugh or say BS--it has been done; it can be done)
If her name is on the title, then she certainly can seek to recover the auto. If her name is not on the title, then she can not.
If the auto was given to him in the divorce and she has no right to the auto regardless of the loan's having her name and his name, then I doubt she can seek to recover the auto without going through court and obtaining a judgment, which I guess she can only get if the divorce also said he was to pay the balance of the auto.
You can also try searching this question on this site as it has been asked before.
 

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