Legal Question in Credit and Debt Law in Michigan

I took out a business loan from Kabbage and was unable to pay it. They filed a UCC against me, can they take a car I cosigned for?


Asked on 6/29/16, 2:51 pm

1 Answer from Attorneys

Thomas R. Morris Silverman & Morris, P.L.L.C.

The creditor could take a car if it was granted a lien on the car. Is it listed as the secured party on the title of the car? If it is not listed on the title to the car, then the creditor may not have a lien on the car. However, it is possible that you granted the creditor a lien on a car and that the creditor's lien is not perfected by being shown on the title. In that event, I am not sure that the creditor could take the car without receiving a judgment and executing on the judgment.

You state that the car was "cosigned for" by you. If the car is not titled to you and if the creditor was not granted a lien on the car, the creditor could not "take" the car without having some rights against the owner of the car.

Note that the information you provided is not sufficient for a comprehensive answer. There are a lot of ambiguities in the facts you presented. My answer is for discussion purposes only.

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Answered on 6/30/16, 6:28 am


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