Legal Question in Civil Litigation in New York

My exboyfreind and I have a car loan that I cosigned for. He is not paying the loan he has the car. The car title is in my name can I just take the car and sell it.


Asked on 9/25/09, 12:06 pm

1 Answer from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

If the car title is in your name alone, that is evidence to the world that you are the only person responsible for the car, its insurance and legal operation. Which undoubtedly entitles you to ALL of the rights, title and interest in the vechicle. However, "just taking" a car from an ex boyfriend sounds a bit reckless.

Suggest that if possible, you attempt to negotiate a "deal" with the Lender, to recover the car, in order to end your obligation to them.

If possible negotiate w/ Ex and Lender to remove your name as obligated under the Loan Agreement.

Alternatively, formally and in writing ask EX to "return" car to you for sale, in view of his failure to pay for same; and give him a specific time frame within which to comply.

Then, failing all else, go to lpolice precinct (local to the car) and request assistance with in recovering your car. Be certain to bring orginial or certified copy of car Title and verification of your payment for purchase.

Please remember that you as title holder are also responsible for maintaining insurance on the car, notwithstanding your inability to drive, while out of your possession.

Good luck,

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Answered on 9/30/09, 3:25 pm


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