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Co-Signed on an Auto Loan for an Ex Who Stopped Making Payments

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  • 03-05-2011, 09:48 PM
    needlegalhelp123
    Co-Signed on an Auto Loan for an Ex Who Stopped Making Payments
    My question involves an auto loan or repossession in the State of: MICHIGAN

    About 5 years ago I made the mistake of co-signing on an auto loan with an ex girlfriend. We broke up about 6 months after that. I tried to make her refinance at the time but she wasn't able to with her credit and could not find another co-signer. She was making payments timely and drove the car exclusively. I had not seen the car or talked to her in the past 3 years. She moved to Florida and took the car with her. She recently fell on hard times though and lost her job. She then stopped making payments on the car. However, I had no knowledge of this until last weekend when her dad called me regarding the car. He stated the bank has been calling them and sending letters to her for some time and the car has been repossesed. I NEVER received a phone call or letter from anyone before this telling me she had stopped making payments. I am in Michigan and the vehicle is in Florida. My name is on the title. I'm not sure if it's titled "and" or "or". I have paid the bank off to avoid anymore damage to my credit. I should get the lien release letter next week. I have not been able to reach her in order to get the title. I am making arrangements to have the vehicle shipped from FL to MI and then I would like to sell it to try and mitigate my financial loss. However, the dad told me it needs work. I am hoping to atleast get something for it though. 2 questions... 1.) Is there a way for me to sell the vehicle without her signing the title? 2.) Can I sue her in small claims court for any financial loss I incur? I understand as a co-signor I took I am responsible for the debt as well but I believe a judge would agree that as a the primary account holder she has the responsibilty to inform me if she stops making payments. It's a real mess. Any help you can provide is greatly appreciated!
  • 03-05-2011, 10:58 PM
    jk
    Re: Co-Signed on an Auto Loan for an Ex. She Stopped Making Payments
    Quote:

    1.) Is there a way for me to sell the vehicle without her signing the title?
    depends on how it is actually titled. If it is "or", then yes. If it is "and" then it would take either her signing it or a court order granting you full rights to the car.

    Quote:

    2.) Can I sue her in small claims court for any financial loss I incur?
    were you a co-signer or a co-borrower?
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