Legal Question in Credit and Debt Law in Georgia
auto loan/quit claim
Is there a way to do a quit claim deed for an auto loan. I co-signed with my father in law last year for another vehicle after he had paid perfectly on another loan that was in my name. This car is in my name and his name and is now in default. The car has not been repossesed and he is trying to catch it up. I know that my brother had signed a quit claim deed to a car that his ex-wife eventually let go back and even though that went on his credit I don't think that they can sue him for the money....right?? I know that if it came to the point of them trying to collect I would have to file bankruptcy if there is no way to sign responsibilty to him? Any advice...other than never to sign for anything else??
2 Answers from Attorneys
Re: auto loan/quit claim
"Quit Claim" has nothing to do with vehicles - it is a real property document. Autos have titles, not deeds. Assuming you are trying to ask whether you can get out of a loan/note you signed, the answer is no, unless the lender agrees in writing. You do not get out of a debt by somehow trying to transfer it to someone else without the lender's approval. All of this should be understood before signing contracts.
Re: auto loan/quit claim
When you co-sign you have made a contract to pay. Short of bankruptcy, you cannot get out of it. There is no such thing as a quitclaim deed for cars.