Motorcycle.

[Eightpock]

What is the name of your state? Illinois

Ok, Any help would be great.. This is a WEIRD issue.



Ok..


My Stepmother and Father got my brother a loan for a motorcycle.. The loan was entirely in their name. And the agreement was he was to repay the LOAN to the BANK.


In 2004 my father became disabled, and took out a disability clause on that loan, and began receiving that payment from disability. Please note, that he filed for disability even though the payment for that loan was, and always had been paid by someone else.. I don't know if that is significant or not.

A couple months ago my brother found out that his money he has been paying my father for the last 2 years wasn't going towards the bike, but into my fathers pockets which he than spent on whatever it is he spent it on. Which, wasn't what the initial agreement that my brother made was. He was to pay back the bank loan. The Bike was finance 100% through the bank.. my father was not out anything money wise.

In my opinion, my brother didn't have an obligation to my father to pay him directly money that he spends on misc stuff.. the obligation my brother had, per the agreement was to repay a loan from a bank.. My father should of never filed a disability clause cause my brother was paying the payments..

When my brother found out about all this he just stopped paying everything. Now they are sueing for the bike back.. any suggestions? Or help.. my brother cant afford a lawyer and will most likely have to defend himself... any help would be great.

THanks

Pock

 

[BL]

What is the name of your state? Illinois

Ok, Any help would be great.. This is a WEIRD issue.



Ok..


My Stepmother and Father got my brother a loan for a motorcycle.. The loan was entirely in their name. And the agreement was he was to repay the LOAN to the BANK.


In 2004 my father became disabled, and took out a disability clause on that loan, and began receiving that payment from disability. Please note, that he filed for disability even though the payment for that loan was, and always had been paid by someone else.. I don't know if that is significant or not.

A couple months ago my brother found out that his money he has been paying my father for the last 2 years wasn't going towards the bike, but into my fathers pockets which he than spent on whatever it is he spent it on. Which, wasn't what the initial agreement that my brother made was. He was to pay back the bank loan. The Bike was finance 100% through the bank.. my father was not out anything money wise.

In my opinion, my brother didn't have an obligation to my father to pay him directly money that he spends on misc stuff.. the obligation my brother had, per the agreement was to repay a loan from a bank.. My father should of never filed a disability clause cause my brother was paying the payments..

When my brother found out about all this he just stopped paying everything. Now they are sueing for the bike back.. any suggestions? Or help.. my brother cant afford a lawyer and will most likely have to defend himself... any help would be great.

THanks

Pock

So your brother didn't think it right to keep making payments until the loan was paid off to keep the bike ?

A couple months ago my brother found out that his money he has been paying my father for the last 2 years wasn't going towards the bike, but into my fathers pockets

And if that were true , the bike would have been repossessed a long time ago .

Who cares where the money went as long as it was applied towards the loan of the bike .

The payments stopped , and now He has no bike .

Suggestion : Get a job , repair any bad credits , and apply for a loan to buy his own bike , and quit making excuses .

 

[Eightpock]

Hello.



Thanks, but I wasn't asking for your assumptions. He has a job.


He had no problem paying the payments when they went towards the bike.. He has paid nearly 9,000 dollars into my fathers pockets.. not to his bike. They won't give him any information on the loan, when it will be paid off, or anything. If he had not found out they would of continued to take his money and he would of never gottan the title, which is in direct conflict with the original agreement.

" Who cares where the money went as long as it was applied towards the loan of the bike"
Thats the point, his money ISNT going to the bike loan. My father is taking his money and spending it on misc stuff.. NOT the bike loan. He filed a disability clause with the loan company on the bike, WHILE he was receiving payments on the bike.



Thanks.
Pock

 

[fairisfair]

Hello.



Thanks, but I wasn't asking for your assumptions. He has a job.


Fact being, he had no problem paying the payments when they went towards the bike.. He has paid nearly 9,000 dollars into my fathers pockets.. not to his bike. They won't give him any information on the loan, when it will be paid off, or anything. If he had not found out they would of continued to take his money and he would of never gottan the title, which is in direct conflict with the original agreement.


Is there anyone who is qualified that has any suggestions?

Thanks.
Pock

Your brother might consider asking for the title now, with your parents as a second lien holder. You don't know that he wouldn't get the title from them, is your father in arrears on the loan payments?

What is your point, that because the payment is paid by your father's disability, that they should just give him the bike as a gift?

PS Can the snarky attitude, insult another senior member here, and you will most likely receive no help from anyone.

 

[Eightpock]

A gift? Not at all.


I think my father should of never filed a clause on that loan for the disability due to the fact he wasn't paying the payment to begin with. Secondly, he shouldnt of lied to my brother for 2 years, thirdly, That 9k+ was income and during that time period he lied both in court and in kid support that he had no income. Forthly, I don't see how its fair he profits from something for no reason. He suffered no damages, nor paid for the upkeep, maintenance of this bike yet, he has made 9k off of it.. hella good deal for him.. though I seems almost illegal to file a disablity claim, and be paid twice for it... But I dont know law.



Pock.

Sorry for the attitude eariler.

 

[fairisfair]

A gift? Not at all.


I think my father should of never filed a clause on that loan for the disability due to the fact he wasn't paying the payment to begin with. Secondly, he shouldnt of lied to my brother for 2 years, thirdly, That 9k+ was income and during that time period he lied both in court and in kid support that he had no income. Forthly, I don't see how its fair he profits from something for no reason. He suffered no damages, nor paid for the upkeep, maintenance of this bike yet, he has made 9k off of it.. hella good deal for him.. though I seems almost illegal to file a disablity claim, and be paid twice for it... But I dont know law.



Pock.

Sorry for the attitude eariler.

but in fact, your father is making the payments, and always has been. If your brother stops making the payments, dad is still responsible on the loan. He is a second lien holder. It may not seem on the up and up. but would you be willing to trade a measly $9k for whatever has made your father disabled? How is he being paid twice for it? He doesn't get the money from disability, they simply pay the bill. That is what people have insurance for. The money that your brother pays to him, is for him having gotten the loan for the bike, I am sure that the price of the bike was discussed at the time of the purchase, and your brother agreed to that price and to those payments.

You may think your father made out better than your brother. And you may be right. that is generally how it works when something is bought and sold.