Legal Question in Civil Litigation in Georgia
i am currently making payments on a vehicle that my step father has purchased, the registration is in my mothers name, and i want to know if i am still able to retain the vehicle, provided that i still make payments and keep track of payments made with no written contract between both parties
3 Answers from Attorneys
Ask the person who owns the vehicle.
Since you don't own it, no (unless the owner pays it off and signs over title).
What a mess! Why do people do this? I am willing to bet that some dispute has arisen, although you do not share the critical facts with us. Since your name is not on the title, you cannot keep the car regardless of what you have paid into it if your mother wants it back.
Rule of thumb - NEVER ever do this. If you want to buy the car, get a bill of sale and do a three-way chat with you, your mother and the finance company so they will release the title so that it can be registered and insured in your name.
You may have to give up the title, but since you have nothing in writing, trying to sue for unjust enrichment is going to be tough. The payments you made were for the use of the car and its not going to be "unjust" to allow your mother to get the benefit of the payments.
If your stepfather wants it back, is his name on the title? From the finance company's perspective, they do not care as long as they are getting the money. Who gets the bills? If the problem is with your step-father, then you still need to do a three-way call with your mother and the lender. The problem is that if the financing is just in your step-father's name, then the finance com[pany will not deal with either of you and will want a limited power of attorney from your step-father or else he will have to be present in the conversation.