What to do when someone takes over car payment but can't or won't put their name on the contract?
In September of 2019, I allowed a coworker of my boyfriend at the time to take over the payments on my '08 honda because I wanted to get into something newer and safer for my new baby. (new-mom brain, nothing felt safe enough for my child)
When we initially drew up the contract we put it in his girlfriend's name because he didn't have proper identification to have the contract notarized. A few months later he went back to his wife so we transferred the contract to his wife's name because he still did not have identification. Things have been fairly smooth since then besides late payments that my grandma was willing to be flexible on, and lack of proof of insurance (but the wife claims it is still insured).
Now here we are a little less than a year later, and his wife let me know that she kicked him out and wanted to have her name taken off the contract so his boss' name could be on it. I told her that in order for me to be willing to transfer the contract yet again, it would absolutely HAVE to go in his name, otherwise, I'd be taking the car back if he couldn't come up with something by Friday. When she found this out she decided to keep her name on the contract until he had an ID that we could present to a notary.
This is all fine and dandy, except now the whereabouts of a vehicle with a lien still in mine and my grandmother's names are unknown, and this makes me very uncomfortable.
Is there anything I can/should do besides hope for the best??
Actualización:none of these answers have been helpful, besides the first to an extent.
The whole thing was stupid from the start, I get that, but by the time I realized how stupid it was, it was too late, we were already in the contract, hence "I have been smart since the first transfer". The car will still be paid regardless because I'm not going to let my credit get screwed up. The lienholder and their insurer are aware of what is going on with the car so we've been able to make it work legally.
Actualización 3:Also, my grandmother is not getting hurt by this at all, I live away from home now so she handles the transactions for me so I don't have to drive 14 hours there and back once a month for a car payment.
I'm literally just looking for what to do to cover my own *** now that my stupid choice is getting messy.
Not sure how being married has anything to do with this, but no I don't have a husband? Spent 3 years being abused by my then-boyfriend, 6 months hasn't given me enough time to marry.
Answers & Comments
What a colossal mess. You don't even know where the car is?
And, the financing and title was never "transfered" as it is still in your and grandma's name. The financing contract is with lender. not with the current driver of the car.
The guy who drives the car without an ID, has no drivers license. Inthe event of a car crash, he will not be covered if heis an unlicensed driver.
You just haveto hope and pray payments are made and no accidents occur.
Also, the car ownership must be in your name still because the title is still held by the lien holder.
Too many inconsistencies in your story to figure out this mess you got yourself into.
there should be no need for grandma to handle transactions, there is mail and electronic payment......you say grandma is flexible...that would only be important if she was co owner/borrower on the car
as per lack of husband, that is relevant to demonstrate your lack of maturity and judgement...no matter if you can support a kid on your own, getting prego at 21 with a sperm donor instead of a father/committed partner is a poor choice.
hey, KIDDO, yes you are a kid....you indicated grandma's name is on the car. If anything goes wrong (ie, accident) SHE WILL GET HURT.
you need to:
1.Pay off the loan and get the pink slip.
2. Tear up the illegal contract and write a new one. "buyer" needs to making the payments to you, not your lender. Give the buyer the pink slip so they can register and insure the car
3. Hope the buyer pays.
As it is, you still legally own the car. You have failed to maintain the registration and insurance. Didn't you get a registration renewal notice in the mail? If it needed inspection, you also failed to get it inspected.
You are currently legally liable for any tickets/lawsuits for an unregistered/uninsured vehicle.
There is no way for them to register/insure the car as they do not have the pink slip. When you have a loan through a bank, they arrange it so you can legally register/insure the car without the pink slip, but you can't do that when you as a private citizen sell a used car.
If the 'buyer' won't agree to the legal terms, you need to get a lawyer involved to straighten it out.
Agreeing to such fraud in the first place means that you have no recourse if something goes wrong. There is NOTHING you can do, except hope that the car is paid off, and soon.
CAN'T happen. Unless the PAY CASH to buy the car outright, I don't give them the keys.
Note: You CAN'T 'allow' someone to take over payments without DIRECTLY VIOLATING the loan contract.
The contract you wrote is ILLEGAL.
id tell police it was stolen. youre never gonna see him or the car again
A couple of questions - you refer to “transferred the contract to his wife’s name.” What did that involved and who were the parties? Written contract? You cancelled contract with him and rewrote it to her? And “grandma” is willing to be flexible on late payments? What does “grandma” have to do with this? The loan is in her name? If so, the contract would be between HER and the new “purchasers.” You would not be involved.
You cannot legally repossess the car other than for violation of a specific term of the contract, usually failing to pay. You cannot repossess, because his wife wants it in his name and you aren’t ready/willing/able to put it in his name for any reason. The next problem - if it’s financed with a bank/credit union - is that law requires that any transfers be approved by the lending institution. If your grandmother financed it, that’s not an issue. If you are in violation of the original financing agreement it is a LEGAL problem - a big legal problem. I don’t see why you think you’ve been “smart” about any of these transactions. Without seeing the contracts there is no way to know if you have or haven’t been “smart,” but now there’s a vehicle out there apparently financed in your name, the financing possibly transferred illegally, and you don’t know where it is. You have some really serious legal problems. You could end up paying off this car which you cannot find. I’d ask an attorney in YOUR specific State.
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EDIT: I DID tell you where you stand. DID YOU HAVE PERMISSION OF THE COMPANY HOLDING THE LOAN TO DO THE TRANSFER? After that, instead of driving X hours to make the payment, wouldn't life be easier if you had a checking account?
Let me see if I understand this. Car is in Mrs X's name and she is presumably also insuring it. Grandma is the lender and you have a lien on the vehicle plus a contract. If payments are not made, Grandma can go after Mrs X for the debt. I see no problem here.
Mrs X is the one with the problem; she has a car that is titled and insured in her name and which is being driven around by her flaky ex who does not even have ID. If you want to help her out, tell her no more transfers. If she does not want it she can pay for it. After Grandma has her money (the cheque has cleared), you discharge the loan and release the lien. She can then sell the car. It is the only way that she will get the title and insurance out of her name.
Please don't have children with someone you are not married to. That was a far more foolish decision than this car issue. Shack-ups are too fragile, not fair to the child.
Name and signature of one who has agreed to take responsibility is the one who is in trouble if it is defaulted on.
If you forged it , YOU are going to be in trouble and legally liable and that is a crime.
I don't think the loan holder cares who pays, just that it is paid. If not, somebody will be held liable and might get "time" and bad credit.
This story has got to be fake.
Just stop..you HAVE NOT BEEN SMART only an idiot would turn over a car they have a loan for without payment in full.... according to previous questions, you are about 21 years old..AND no mention of a HUSBAND....
of course they can't....lender doesn't want to deal with that....a 13 year old honda? seriously?
now its your grandma's car...and you are screwing grandma with this game of yours?
IT IS STILL YOUR CAR. In the US< YOU HAVE TO HAVE INSURANCE. you cannot sign the car over to anyone until you pay off YOUR LOAN>
THEY CANNOT GET INSURANCE ON A CAR THEY DO NOT OWN. I don't even see how they can legally register it in your name..and you have someone without ID driving it...sounds like he is unlicensed...if anything happens...you and grandma get your butts sued.
you were extremely irresponsible. your only out is to retroactively get yourself declared incompetent. that would void your contract with your lender.
otherwise, YOU are still responsible to pay YOUR loan and insure YOUR CAR.
if you wanted to get rid of the car, you needed to sell it outright and pay your loan in full.