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Car contract law

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J

JFoster

Guest
My ex-husband bought a large truck and I co-signed for it. He then traded the truck in for a second truck of equal value without my knowledge or my signature while we were still married. The second truck got repossessed by the creditor because he defaulted on the payments.

Now a year after our divorce the creditor says I am liable for the *second loan* that I did not sign for. He claims the reason I am liable is that the first loan that I did co-sign carrys over ("continuation" his words) to the second loan which I did not sign.

The creditor recently sent me a copy of the *second loan* dated 7/30/99 signed by my ex-husband (not signed by me) with a copy of the *first loan* guaranty page dated 6/15/99 stapled to the second loan.

It seems the creditor is mixing the two contract pages claiming "continuation" makes me liable for the second loan regardless that the second loan was not signed by me.

The second loan required my ex-husbands signature. If the second loan required my ex-husbands signature, then it stands to reason that in order for me to be liable for the second loan, as the creditor is claiming, then I would have to had co-sign for the second loan as well, which I did not.

Am I liable or not for this second loan if I did not co-sign for it?

State we live in during prior marriage: New Hampshire.

Thanks in advance for your response.

Respectfully,
- JFoster
 


J

JFoster

Guest
I AM ALWAYS LIABLE said:
My response:

This same question was answered by Racer, 10 days ago.

IAAL
My apologies but it was posted it in the wrong section of the site because I believed it to be under part of my divorce and not contracts & guarentees forums.

I also added additional details to my question listed below regarding "continuation" and I am respectfully requesting advice on whether my original question is valid or not based on this "continuation" language recently presented to me by the creditor.

Racer was unaware of the "continuation" details so I posted here to respectfully request assistance.


"The creditor recently sent me a copy of the *second loan* dated 7/30/99 signed by my ex-husband (not signed by me) with a copy of the *first loan* guaranty page dated 6/15/99 stapled to the second loan.

It seems the creditor is mixing the two contract pages claiming "continuation" makes me liable for the second loan regardless that the second loan was not signed by me. "

Respectfully,
- JFoster

 

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