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?
1 Answer from Attorneys
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.
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