Co-signer Issue?
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I have co-signed for a car that I am now in possesion of and am making payments. I want the title in my name only. Unfortunetly, I can not get the other party to sign the title or even talk to me. She is filing Chapter 7 this week. I understand I am responsible for the loan as a co-signer and can't get her name off that untill I pay if off or refinance. But, I still have to deal with the issue of her name on the title. I don't see how I can sell or trade in the car without her signature. Am I missing something? She is already saying in court she can't pay for the car. Any idea's?
Co-signer Issue?Go to court as a creditor and get an release from the court. You may have to pay back some of here equity.
Co-signer Issue?Well, you can see if you can buy her rights to the car in bankruptcy perhaps, or you can go to court to get title in your name alone. Other than those two options, if she doesn't agree to sign the title over to you, you don't have any way to get title in your name alone without court proceedings.
Good luck,
Dana (practicing attorney)
Co-signer Issue?That's a bad situation. Get proof you are making the payments, like cancelled checks or reciepts. when the car is paid off you can take her to court and show it to the judge and he can do something about it. Until them I think you are stuck.
Co-signer Issue?As usual, Wizjip is correct but I want to explain more fully. You should be listed as a creditor in the Ch. 7 bankruptcy as will the finance company. File a proof of claim as soon as you can and appear at the 341 hearing and ask the other party to sign the title to you at that point. Because the bankruptcy court will be involved in protecting the assets of creditors, the agreement will have to be court sanctioned and they will look for equity in the vehicle. Get an estimate of the value from a reputable dealer and a payoff quote from the lender.
Best of luck to you.
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