California  |  Credit and Debt Law

Legal Question

Asked on: 6/08/13, 7:25 pm

Hi, i have a car that i am trying to sell but the bank wont give me the title to it because i have another outstanding debt with the bank on a vehicle that was repossessed. The vehicle was bought while i was deployed using power of attorney by my ex wife. The court ordered her to pay for and take on the responsibility of the vehicle and she never did. It was in both of our names but the judge order her to pay It. The bank will not give me the title to my car unless i pay the debt. Is there any way around this or will i never see the title to my car unless the ex pays the debt? Both cars were bought from the same credit union in Utah but about 2 years apart.

1 Answer


Answered on: 6/08/13, 8:06 pm by Steven Simons

You really need to see the contract from the car you paid off. If the contract allowed for cross-collaterilzation then you may have a problem. If there was no cross-collaterization then you may have an argument for release of the title.

Another option would be to pay the bank and sue your ex-wife for the amount paid. Most of the time, even though the court orders a former spouse to pay a debt - if you both signed the contract the lender can look to either party to recover since the Court can not chnage the contract terms with the lender w/o the lenders consent.

Good luck.

This is general information only and based upon limited information. Facts that could chnage the outcome have not been evaluated.


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