Legal Question in Credit and Debt Law in California

Removing name from contract

Boyfriend bought a car.I was made the ''buyer'' due to my better credit, he is co-buyer.He has been making the payments on the vehicle (approx. 1 year now) in a timely manner.I want my name removed from the contract because he has no license and previous DUI's.He has the vehicle in his possession.He refuses to turn the truck in and has been unable to find someone else to sign for him (to replace me).What are my options?


Asked on 7/02/08, 1:35 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Removing name from contract

The lender is neither obligated nor likely to remove you from the contract. Lender's just aren't in the business of modifying their loans like this regularly. Boyfriend could try to refinance the car, but it doesn't sound like he's being cooperative. As such, you're in a very difficult position. Your options are limited - you can try to convince the boyfriend to give you the car, and you can turn it into the lender, but you will be liable for any deficiency (difference between what's owed, and what they can liquidate the truck for). Or, you can get the car back from boyfriend, and take over payments yourself and keep it. Finally, you can convince boyfriend to sell the car before the loan defaults, and pay off the loan. None of those options will work if he's not willing to cooperate, in which case you will have to sue him, and even there, unless you have an agreement between you, you may very likely not win.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 7/02/08, 1:46 pm


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