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"Right of Offset" and the co-applicant

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paku6917

Junior Member
Florida

An associate of mine has been driving and paying for a vehicle that she financed with her ex-boyfriend some time ago. They were both applicants on the loan, and both of their names are on the title. She has taken possession of the vehicle and has made all of the payments for the past 12 months.

She recently attempted to re-finance the car to remove her ex-boyfriend from the loan and title, but she was told that the vehicle was being held as collateral to a personal debt-consolidation loan that he had taken out a few months before. Therefore, the Credit Union they have their loan through was unable to refinance the vehicle.

The explanation she received was that the "Right to Offset" clause allowed them to use that vehicle as collateral on a loan completed un-affiliated to her because they were listed as "applicant 'A' OR applicant 'B'", and therefore they did not require her approval to hold the vehicle in this other loan.

So even if she possesses the vehicle, and has made all payments on time, the vehicle could be repossessed at anytime if her ex-boyfriend defaults on the terms of his personal debt-consolidation loan. He recently told her that he is intending to file for bankruptcy, so the matter is urgent and dire for her and her car.

What is the "Right to Offset", and does it just seem illegal to me? What are some courses of action she could take to remove her car as collateral from a loan she has nothing to do with?What is the name of your state (only U.S. law)?
 


seniorjudge

Senior Member
So even if she possesses the vehicle, and has made all payments on time, the vehicle could be repossessed at anytime if her ex-boyfriend defaults on the terms of his personal debt-consolidation loan.


You are correct.
 

HomeGuru

Senior Member
Florida

An associate of mine has been driving and paying for a vehicle that she financed with her ex-boyfriend some time ago. They were both applicants on the loan, and both of their names are on the title. She has taken possession of the vehicle and has made all of the payments for the past 12 months.

She recently attempted to re-finance the car to remove her ex-boyfriend from the loan and title, but she was told that the vehicle was being held as collateral to a personal debt-consolidation loan that he had taken out a few months before. Therefore, the Credit Union they have their loan through was unable to refinance the vehicle.

The explanation she received was that the "Right to Offset" clause allowed them to use that vehicle as collateral on a loan completed un-affiliated to her because they were listed as "applicant 'A' OR applicant 'B'", and therefore they did not require her approval to hold the vehicle in this other loan.

So even if she possesses the vehicle, and has made all payments on time, the vehicle could be repossessed at anytime if her ex-boyfriend defaults on the terms of his personal debt-consolidation loan. He recently told her that he is intending to file for bankruptcy, so the matter is urgent and dire for her and her car.

What is the "Right to Offset", and does it just seem illegal to me? What are some courses of action she could take to remove her car as collateral from a loan she has nothing to do with?What is the name of your state (only U.S. law)?
**A: that's a standard clause.
 

paku6917

Junior Member
So she has no recourse to retain her car if her ex-boyfriend defaults on his personal loan? she was a co-applicant on the auto loan, not on the personal loan.
 

HomeGuru

Senior Member
So she has no recourse to retain her car if her ex-boyfriend defaults on his personal loan? she was a co-applicant on the auto loan, not on the personal loan.
**A: why are you asking us? Have her contact the car loan company as we have no way of reviewing the actual loan documents that were signed.
 

paku6917

Junior Member
She has had several conversations with the car loan company, but they are motivated to retain the collateral that they have, and not motivated to help her in anyway.

Do you have any idea what would happen to the auto-loan if the car were to be repossessed due to a default on the ex-boyfriend's personal loan?
 

Antigone*

Senior Member
She has had several conversations with the car loan company, but they are motivated to retain the collateral that they have, and not motivated to help her in anyway.
This is certainly their only motivation. Protecting themselves against potential loss is what matters. They have no obligation to help or satisfy your friend.


Do you have any idea what would happen to the auto-loan if the car were to be repossessed due to a default on the ex-boyfriend's personal loan?
Guess who would be on the hook, and most possbily needing a bus pass? Yes you've guess it - girlfriend.

Sorry about the circumstances your friend finds herself in but it is perfectly legal. In addition to that it is always a risky move to "play house" with your finances when you are not married.
 

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