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  1. #1

    Default Fraudulently Obtained Car Loan

    My brother just got a call from a lender telling him he was two months behind in his loan payments. After a few more questions, he found out that his now former girlfriend fraudulently obtained a loan with him as a the primary obligee and she as the secondary.

    He doesn't have much in terms of establishing that the loan was entered into after their relationship ended (although, ironically, his refusal to sign a car loan is partly what caused the demise of the relationship).

    The "woman" was also recently fired from a job where she was found to be embezzling, if she hasn't already been charged, she will be shortly.

    Given there's a loan, the lender still holds the title to the car so I don't know if this is an angle he can work. Not having a whole lot more details on this, I'm going to assume the car is registered in her name which, from what I've read, doesn't bode well for my brother in terms of him getting possession of the car.

    As a third year law student myself, I advised him of the following:
    1- get a copy of his credit report so he can make sure there are no additional surprises
    2- stay in constant contact with this lender. Since he doesn't want to ruin his credit, if he takes over the loan payments perhaps he can then establish some sort of ownership over the car
    3- ask the lender to provide him with copies of all the pertinent documentation
    5- get a local lawyer (I live and go to school in Mass and he lives and works in CT) because this is a 2002 Saab we're likely talking about monies beyond $2000 thus barring him from small claims court.

    What else could/should he be doing to get himself out from under this position?

    Thank you,

    L3Lisa

  2. #2
    Join Date
    Mar 2007
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    174

    Default Re: Fraudulently Obtained Car Loan

    Quote Quoting lawstudentLisa
    View Post
    My brother just got a call from a lender telling him he was two months behind in his loan payments. After a few more questions, he found out that his now former girlfriend fraudulently obtained a loan with him as a the primary obligee and she as the secondary.

    He doesn't have much in terms of establishing that the loan was entered into after their relationship ended (although, ironically, his refusal to sign a car loan is partly what caused the demise of the relationship).

    The "woman" was also recently fired from a job where she was found to be embezzling, if she hasn't already been charged, she will be shortly.

    Given there's a loan, the lender still holds the title to the car so I don't know if this is an angle he can work. Not having a whole lot more details on this, I'm going to assume the car is registered in her name which, from what I've read, doesn't bode well for my brother in terms of him getting possession of the car.

    As a third year law student myself, I advised him of the following:
    1- get a copy of his credit report so he can make sure there are no additional surprises
    2- stay in constant contact with this lender. Since he doesn't want to ruin his credit, if he takes over the loan payments perhaps he can then establish some sort of ownership over the car
    3- ask the lender to provide him with copies of all the pertinent documentation
    5- get a local lawyer (I live and go to school in Mass and he lives and works in CT) because this is a 2002 Saab we're likely talking about monies beyond $2000 thus barring him from small claims court.

    What else could/should he be doing to get himself out from under this position?

    Thank you,

    L3Lisa
    I would think that after he obtains the loan documents showing a forged signature, he would want to go to the authorities and press charges against the ex.

    Also, what is the loan company (if anything) doing or willing to do since he is an apparent victim of fraud and identity theft? He should not be held liable for this loan.

  3. #3

    Default Re: Fraudulently Obtained Car Loan

    See if you can get the lender to repo the car. Then pay what is due on the loan and sell the car. You will probably lose some money, but will keep your good credit. From the ex point of view, she did not pay and the bank repossessed the car-fair enough.

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