what to do with this truck

[overtheocean2000]

12-29-99 my husband (my boyfriend then) helped his brother with sorry credit purchase a truck. Both of them put their names on the title/loan--John's (husband) first. John has held the title--Hibernia Bank is 1st lienholder--and one of the keys. It has been a battle each month to get the brother to make the payments and keep insurance on the truck. He once went 3 mos. w/o ins. before we found out. We tried to take the truck back then, but a huge fight resulted, police were called.... This month I guess he couldn't make the payment because w/o a word we found the truck (and key) sitting on the curb at our house.
What do we do now? We do not want the truck or debt?
We can not sell the truck because the brother's name is on the title, and he refuses phone calls or contact to even discuss this situation. Of course, his credit is lousy anyway, what does he care. Ours is perfect, and we do care!

Ideas????

 

[I AM ALWAYS LIABLE]

12-29-99 my husband (my boyfriend then) helped his brother with sorry credit purchase a truck. Both of them put their names on the title/loan--John's (husband) first. John has held the title--Hibernia Bank is 1st lienholder--and one of the keys. It has been a battle each month to get the brother to make the payments and keep insurance on the truck. He once went 3 mos. w/o ins. before we found out. We tried to take the truck back then, but a huge fight resulted, police were called.... This month I guess he couldn't make the payment because w/o a word we found the truck (and key) sitting on the curb at our house.
What do we do now? We do not want the truck or debt?
We can not sell the truck because the brother's name is on the title, and he refuses phone calls or contact to even discuss this situation. Of course, his credit is lousy anyway, what does he care. Ours is perfect, and we do care!

Ideas????

My response:

All you said about the title was that it had both their names on it. Please, take a look at the title and tell me whether there is an "and" or an "or" between their names.

IAAL

 

[overtheocean2000]

To: IAAL

We are in the state of Texas. The Title reads:
John Bender
Rasim Saida .
There is no "and" or "or. I called the vehicle title department at the county tax-collector's office, and they said both parties are equal owners.

 

[I AM ALWAYS LIABLE]

To: IAAL

We are in the state of Texas. The Title reads:
John Bender
Rasim Saida .
There is no "and" or "or. I called the vehicle title department at the county tax-collector's office, and they said both parties are equal owners.

My response:

Okay, but does it require "both" signatures to sell ? Call the DMV again and ask. Hopefully, it doesn't.

If it does, then you're going to have to sue the brother for "partition" of the asset if he refuses to sign. Let him know that if he doesn't sign voluntarily, you will have no choice but to obtain an attorney to sue him and obtain a judgment against him.

IAAL

 

[overtheocean2000]

To: IAAL

Unfortunately it does require both signatures, and the tax collectors office said, "It's your problem." So, this evening we did retain a lawyer. He is sending a letter of demand ($250) requesting that the brother sign the power of attorney. If he does not respond within 36 hrs of the letter, then we will be going to court which could be 6 months away. Until then we are still responsible for making payments and insuring the truck. The lawyer said the judge will force Simmy (the brother) to sign the power of attorney or give us a judgement, but we will be able to sell the truck. He also said the judge will probably order him to pay court costs, back payments of the truck, and the amount we will lose in selling the truck. BIG DEAL since Simmy is on Worker's Comp (since 2/00) and has NOTHING to his name except BAD credit!

Thank you for your responses. I'd still like to here your perspective on this. Sometimes I think the lawyer just says what you want to hear so you will hire him. Sorry for being cynical!

 

[I AM ALWAYS LIABLE]

My response:

Your lawyer is correct. Like I said, you'll be suing the brother for Partition (dividing the asset) and Specific Performance (getting him to sign a POA or the title).

It's okay to be cynical. Sometimes, I hate myself too.

IAAL