i need advice about this situation ...About a 2 years ago i take over the payments for a car because the owner can not pay it and now i am just about to finish paying and the car is getting divorce and the wife of the owner want to take over the car ( she is a cosigner ) i just want to know if i paid it in total i have the right to own it or is a lost case ? ...
UPDATE: i have some of the receipts and the owner wants to give me the tittle and he will testify if we go to court .....my other question is if i paid the total can the owner (primary ) sign the tittle or i will need the signature of the wife ( she is as secondary ) on the account .
Unless your name is on it I don't see how you have any claim over it. Sounds like somebody got you to pay off his car for him. OUCH, lesson learned!
ANSWER "ALL" THE" QUESTIONS! ONE BY ONE....ANSWER ALL THE QUESTIONS! And, are you romantically involved with the owner of the care you are speaking of? Honesty will be most helpful.
PLEASE ANSWER THE FOLLOWING:
Do you have receipts for all the money you have paid?
Will the person you made the payments for testify on your behalf? I would Who has been paying for insurance and registration?
How much is the car worth?
How much money have you actually paid?
Whose name(s) are on the registration?
Need this info to provide the BEST advice.
Legal Aid provides free legal advice. Check your local phone book.
No, taking over the payments does not automatically entitle you to the vehicle. It wasn't your loan to take over - it was the owner's. IF the owner has a clear title (no lien), they can sign the vehicle over to you. You will then need to pay it off to them fully with either cash or getting a new loan yourself. The only way to get a clear title is for the bank/financial institution to release the lien of the loan otherwise you can't transfer it.
It doesn't matter if the wife is on the loan or not, the question is who is on the title.
Whose name is on the loan doesn't count. If the only name on thr title is your friend's then he can sign the title over to you. The title was issued st the time they purchased the car. Since she cosigned I would expect her name to be on the title. If it is she also has to sign the title over to you.
I wonder why you didn't have the loan changed to your name so the title could also be put in your name. Without a contract signed by all owners you probably have no legal standing. It's best to consult with an attorney or experienced person when deciding to do things in an unusual way. It's now time to talk with a lawyer.
If her name is on the title I suggest ownership will have to be decided in divorce court.
Whomever is on the title will need to sign. If there is more than one person on the title, they both have to sign.
I'm not sure that "taking over the payments" is a legal thing. It might be, but it doesn't sound like you went through any legal means to do it... That's never a good idea. You risk a lot with no legal recourse.
What? Whose name is on the title? The loan paperwork doesn't matter. Who paid for the loan payments doesn't matter. The name on the title of the car is what matters. If it's the husband then he can sign the car over to whomever he chooses. If it's the wife, then he can't sign the car over to anyone at all. If they're both on the title then they both need to sign it over or the court will have to decide which one of them gets it.
I would NOT have taken over the car payments. Did you do so with an understanding that the car would become yours? Did you sign a contract? Without a contract you're out of luck. As it stands, even though you made payments on the car, the car is not yours.
