Results 1 to 4 of 4
  1. #1
    Join Date
    May 2012
    Posts
    20

    Default My Ex Refuses to Agree to Surrender Our Car to the Lender

    My question involves an auto loan or repossession in the State of: Texas

    Back in September of 2013 my girlfriend at the time had totaled her car in an accident. The vehicle was under my insurance and we had found another vehicle in November. We agreed to put the title and the loan in both of our names(title has "or" in between our names). I was the one making the payments on the vehicle as she was not working but we had split in January of 2014 after I found out she was seeing another man. I had refused to make the payments on the car note and had asked numerous times to refinance the vehicle to take my name off both the title and the loan. Since then she has refused to respond and pay for anything. I have talked to my bank since they are the lien holders to the car and asked for voluntary surrender forms but my ex has not complied to it. Are there any other options to take the vehicle off my hands? I didn't mind having it repossessed and paying off the difference but I didn't want to have my credit ruined in the process but I just don't want to pay on a vehicle when her boyfriend can since we are not together anymore. Thank you!

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

    Default Re: My Ex Refuses to Agree to Surrender Our Car to the Lender

    If you choose to default on the loan, whether you deem the subsequent repossession a "voluntary surrender" or otherwise, you will trash your credit.

    If you cannot recover the vehicle from your ex-, and you and she cannot work out a mutually acceptable resolution to the problem that either involves making timely payments or paying off the loan, there's no good answer to your problem. Suing her for money damages would be tricky given that the court may be reluctant to address anything other than past, post-breakup payments that you've covered, wouldn't resolve the issue of default or repossession, and I doubt that she will be cooperative when it comes to paying a judgment.

  3. #3
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: My Ex Refuses to Agree to Surrender Our Car to the Lender

    Wait until the car is in a public place and take it. It is in your name also. Then surrender it to the lender at their auction site. Doing do proactively, they will likely work with you so you may re-buy and refinance it solo at auction and avoid a deficiency if it is going to sell for less than break even.

  4. #4
    Join Date
    May 2012
    Posts
    20

    Default Re: My Ex Refuses to Agree to Surrender Our Car to the Lender

    Thanks for the advice guys I will just cut my losses and take the hit on my credit. I don't understand why she won't comply and I really didn't want possession of the vehicle but if it's the only way to take it off my hands I'll be ok with that. Definitely a lesson learned in regards to consigning on anything... Don't do it! Lol

    1. Sponsored Links
       

Similar Threads

  1. Foreclosure: Foreclosure in Process, Second Mortage Lender Won't Agree to Short Sale
    By jnl in forum Buying, Selling and Conveying Real Estate
    Replies: 2
    Last Post: 10-28-2011, 08:20 PM
  2. Closings and Escrow: Lender Delays in Releasing Property Lien, Buyer Walks, Any Recourse Against Lender
    By magellan1947 in forum Buying, Selling and Conveying Real Estate
    Replies: 7
    Last Post: 11-30-2010, 02:01 PM
  3. Debt Collectors: Lender Refuses to Return Collateral
    By AlanC in forum Debts and Collections
    Replies: 5
    Last Post: 08-01-2009, 07:38 PM
  4. Repossession: Lender Refuses to Repo
    By wildthing423 in forum Cars and Dealerships
    Replies: 5
    Last Post: 11-18-2007, 09:44 AM
  5. Mortgages: Mortgage Lender Won't Agree To A Closing Date
    By dberisford in forum Buying, Selling and Conveying Real Estate
    Replies: 1
    Last Post: 05-26-2005, 05:37 PM
 
 
Sponsored Links

Legal Help, Information and Resources