Loan Problems

[jillmalueg]

This message contains information for Wisconsin and Minnesota.

Last year my boyfriend filed bankruptcy while living in Wisconsin. His mother then took out loans for 2 vehicles for him in Wisconsin. He was not included on the loan paperwork it is only in his mothers name. As far a the bank knows the loans are for her. Also the insurance is in his mothers name

Anyway he wants to get the loans in his name with her as a cosigner so that he can start building credit. Note: he has been paying the payments on these vehicles now since the bankruptcy. She refused to do this.

So he is going to give the vehicles back to her because they do him no good. This is because he is now living in Minnesota and he cannot get insurance on the vehicles because they (the titles and the lien) are not in his name. (His mother let the insurance on the vehicles run out!!)

His mother says that he can't give them back, and if he does she will go to the courthouse and garnish his wages. What I am wondering is if she can do this, or have any legal case against him for that matter. The loan and insurance are in her name and he has legally no claim to the vehicles except that he has been paying on them for the past year.

If you have any information or suggestions on this please let me know. I am desperate!!!

Thanks,

Jill

 

[I AM ALWAYS LIABLE]

My response:

She can scream, yell, jump up and down, spit, and otherwise have a cow. She can't do anything to him because, the simple fact of the matter is that the title, registration, loans, and insurance are all in her name.

In essence, she was merely renting the vehicles to him. That's it.

He can return them to her because she is the rightful owner of both vehicles. In the absense of a written agreement or contract between mother and son, there's not a darn thing she can do.

Oh sure, she can file a lawsuit against him. Of course, she can. The real question is, however, can she win ? No.

What is she going to attach to her Complaint as an Exhibit ? The contract with the bank that SHE signed ? What a riot that is !

IAAL