Scared

[FlyingRon]

The lender will happily allow you to make payments (and probably even to sign up as being an additional person responsible for the loan).
This still doesn't give you any ownership rights. I suspect that unless you were already a named insured on the policy, the insurance company will hold the policy invalid and that if the lender finds out will further encumber the vehicle (and perhaps you personally depending on what was signed) with forced insurance to protect their interest.

 

[Sinamenone]

Well you are paying on something. Which apparently is a loan so the car is financed somehow. And apparently you don't care about the law and doing things legally if you filled out the paperwork when legally you had no right to do so. And you never answered in whose name was the insurance. You have made a major mess out of this.

I'm paying out of pocket through no finance company. Toyota told me to complete the paperwork in order to transfer the car into my name. The insurance is in my name!

 

[Sinamenone]

The payments are $618/mo. Since I'm not working its become too expensive to keep paying. Is it too late to go through a finance company?
Or if I voluntarily return the car, will I still have to pay the payments I've missed?

 

[Ohiogal]

I'm paying out of pocket through no finance company. Toyota told me to complete the paperwork in order to transfer the car into my name. The insurance is in my name!

Somebody has to have it financed or you would have had to pay the ENTIRE amount to get the car. And legally you can't do anything such as sign paperwork or pay for it to have it in your name unless the car has gone through probate. YOU WERE TOLD THIS. But you are doing things illegally. Carry on with it. Keep breaking the law.

 

[bcr229]

Give it back to Toyota since you obviously can't afford it. They may be able to sell it for more than the amount owed given today's used car market, but not if you don't pay on it and late fees start pile up.

 

[Sinamenone]

Give it back to Toyota since you obviously can't afford it. They may be able to sell it for more than the amount owed given today's used car market, but not if you don't pay on it and late fees start pile up.

The car is still in my sister's name. Toyota told me they can send me paperwork to transfer the car into my name which I did & had it notarized. So should I call them to get the car or wait for them to come get it? I don't have the $ & I'm behind in my payments due to being ill & a broken femur, since last January so I can't drive anyway.

 

[Sinamenone]

Somebody has to have it financed or you would have had to pay the ENTIRE amount to get the car. And legally you can't do anything such as sign paperwork or pay for it to have it in your name unless the car has gone through probate. YOU WERE TOLD THIS. But you are doing things illegally. Carry on with it. Keep breaking the law.

Toyota said I can do this & Allstate had no problem insuring the car. How was I supposed to know this is illegal? I don't understand how it is. Wouldn't they rather get their money than have the car returned? I tried to hang in there but now I can't afford the car. Do I voluntarily surrender the car or wait for them to come get it? I can't pay the past due

 

[AlmostThere]

Toyota said I can do this & Allstate had no problem insuring the car. How was I supposed to know this is illegal? I don't understand how it is. Wouldn't they rather get their money than have the car returned? I tried to hang in there but now I can't afford the car. Do I voluntarily surrender the car or wait for them to come get it? I can't pay the past due

It sounds as if they transferred the LOAN to your name. They are happy to have someone else be legally responsible for paying for the car. The car itself is owned by the estate.

 

[Sinamenone]

The lender will happily allow you to make payments (and probably even to sign up as being an additional person responsible for the loan).
This still doesn't give you any ownership rights. I suspect that unless you were already a named insured on the policy, the insurance company will hold the policy invalid and that if the lender finds out will further encumber the vehicle (and perhaps you personally depending on what was signed) with forced insurance to protect their interest.

I'm confused this is all new to me. Toyota sent me paperwork to take ownership & transfer the car to me. I had it notarized & returned it. I'm waiting for their reply. I had no problem getting Allstate to insure the car. I have no idea that what I'm doing is illegal. I'm doing things based on what Toyota & Allstate told me. There was no forced anything

 

[Sinamenone]

It sounds as if they transferred the LOAN to your name. They are happy to have someone else be legally responsible for paying for the car. The car itself is owned by the estate.

Oh maybe that's it. So the car would potentially stay in my sister's name & I just keep making payments directly to Toyota which I can no longer afford. I can't pay the past due; if I was working yes but I'm still on medical leave & what I get bi-weekly can no longer pay for rent & a car note

 

[Ohiogal]

Toyota said I can do this & Allstate had no problem insuring the car. How was I supposed to know this is illegal? I don't understand how it is. Wouldn't they rather get their money than have the car returned? I tried to hang in there but now I can't afford the car. Do I voluntarily surrender the car or wait for them to come get it? I can't pay the past due

Why don't you reread: https://forum.freeadvice.com/threads/p-o-a.661822/

First response was mine:
You cannot become POA of a dead person. You can't keep her car just because you want to do so. You can't transfer title to yourself. You would need to open probate and have her estate probated intestate. What other relatives does your sister have who are alive? Parents? Spouse? Children?


You ignored it and did what you wanted to do. But hey ... keep doing what you want.

 

[Ohiogal]

Also ZIgner told you that you weren't the successor. And I told you her son inherits everything but it needed to be probated. You apparently just didn't do that and ignored everything. But hey, congrats. You made a mess.

 

[Zigner]

I have to be honest - if the ONLY other heir to your sister's estate is her son, and if her son has no problem with you having the car, and if there were no other debts of the estate that should have been paid from the proceeds of the possible sale of the car, then your transfer of the car into your name isn't going to cause a problem. Technically, it was improper, but it's probably a "no harm-no foul" situation.
If the car is actually in your name, as it seems to be, then you should consider a voluntary repossession. Also, and as was mentioned above, if the car is worth more than the amount of the loan at this time, it may make more sense to sell it yourself.

 

[FlyingRon]

I'm confused this is all new to me. Toyota sent me paperwork to take ownership & transfer the car to me. I had it notarized & returned it. I'm waiting for their reply. I had no problem getting Allstate to insure the car. I have no idea that what I'm doing is illegal. I'm doing things based on what Toyota & Allstate told me. There was no forced anything

No Toyota didn't. Toyota can't grant ownership of a car that belongs to someone else. What they can do is allow you to become responsible for paying the loan. The way you become owner of a car that someone else owned (not joint with you) is you get the person administering their estate to give you the letters of administration, etc... and you take that to the DMV to get the title changed over.

The fact that there is no "forced anything" now doesn't mean whoever is financing the car (I'll assume it's Toyota) won't realize you don't really have proper insurance (if you don't). and purchase the forced policy for you. What does your Allstate policy say is the named insured and the owner of the car. If it doesn't list you as an insured and your Aunt as the owner and Toyotal as a lienholder, it probably isn't valid as far as Toyota is concerned and are within their rights to make you pay for insurance that meets their requirements.

 

[Zigner]

No Toyota didn't. Toyota can't grant ownership of a car that belongs to someone else. What they can do is allow you to become responsible for paying the loan. The way you become owner of a car that someone else owned (not joint with you) is you get the person administering their estate to give you the letters of administration, etc... and you take that to the DMV to get the title changed over.

The fact that there is no "forced anything" now doesn't mean whoever is financing the car (I'll assume it's Toyota) won't realize you don't really have proper insurance (if you don't). and purchase the forced policy for you. What does your Allstate policy say is the named insured and the owner of the car. If it doesn't list you as an insured and your Aunt as the owner and Toyotal as a lienholder, it probably isn't valid as far as Toyota is concerned and are within their rights to make you pay for insurance that meets their requirements.

Toyota may have sent over paperwork that includes a power of attorney allowing them to act on the OP's behalf for DMV transactions. Using that power of attorney they could then deal with the matter and transfer the title.