Legal Question in Credit and Debt Law in Georgia
I currently have a car title pawn on an automobile that is in 2 people's names. Only one person signed for the title pawn. Is that legal in the State of Georgia and if so, what can be done?
1 Answer from Attorneys
I don't understand. If someone brought you the title and sought a pawn car title loan, would you not have noticed that another person was on the title and gotten a signature of both?
While car title lenders can repo the vehicle if not paid, I think there is a problem with seizure of the vehicle here. How can you seize someone's property if they never obtained a loan?
In answer to your question, I checked the GA statutes. This is outside of my area and I don't want to tell you wrong but the GA statutes are less than a model of clarity. However, I did not see anything making this illegal per se. If you are in the business of making car pawn title loans then you should be consulting with a business law attorney who assists business with car finance issues. Or maybe another of the attorneys here will be better able to answer the question.
Bottom line - its not illegal per se as long as the loan payments are made. I do see a problem if the payments are not made and you try to repo the car because the other person on the title did not sign the pawn agreement and if you try to repo they may have an issue with that. You cannot repo half a car.