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  1. #1
    Join Date
    Nov 2010
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    1

    Default Mom Died and My Brother Fraudulently Titled Her Car in His Name and Took Out a Loan

    My question involves estate proceedings in the state of: virginia

    Hello. My mother passed away over a year ago leaving behind four adult children. Recently three of us became aware that the other signed a sworn statement at DMV claiming to be the sole surviving heir and got my mother's car titled solely in his name. He then went and took a title loan on the car (at one of those title loan places).

    There are two issues here:
    1 - the fraudulent title of the vehicle, and
    2 - the fraudulently obtained loan.

    Since the loan was fraudulently obtained, is there any recourse for having the vehicle released from the lien and properly titled, yet still make him responsible for repayment of the loan? We don't want to get him off the hook for repayment, however, it's not fair that the other three cannot use the vehicle (or sell it if we, as a group decide to), because of his fraud. Please advise.

    Thank you in advance for your time and attention.
    Phiton

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Mom Died and My Brother Fraudulently Titled Her Car in His Name and Took Out a Lo

    If the estate is being administered, the administrator of the estate should bring an appropriate motion before the court to have the assets restored to the estate and the encumbrance from the title loan removed. The administrator would also appear justified in reporting this matter to the police.

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