Legal Question in Real Estate Law in Illinois
I am the first signer on a vehicle for my ex-fiancee. The loan is two months behind on payment, and he has the vehicle down with him in Arkansas. The loan company said that I can have the vehicle taken and take possession of the vehicle myself. He some how managed to have the vehicle plated in his name in Arkansas. Can I have this car titled in my name and only in my name in Illinois where I live? Are there any legal issues that I might face?
1 Answer from Attorneys
First, the title is more important than the license plates. (I am surprised that Arkansas issued the plates in his name alone, but that is another issue.)
Where was the vehicle originally titled?
You will have to get his permission to have it titled in your name alone, or at lest he has to know about it. Talk to the illinois Secretary of State about what is needed. You would have to prove that he was -supposed- to make that payments and that he has not been making them.
As I reason this out, I think that would be your best bet, but check with the loan company. To wit: have them repossess the vehicle but first make arrangement that you will (a) make the missed payments and (b) continue to make them. Their repossession should expedite re-titleing. Be prepared to pay the repossession and transportation expenses. The only other way I can think of is a court action and that is much more expensive. Talk to them and see how cooperative they are. Like any other company they will probably want you to do the "heavy lifting", but point out to them that this is a way for them to continue getting money.
There is no way the car can be re-titled with "a cloud" on the note. That would be removed by somebody, probably you, paying on the note. You want to anyway so that is not really a hardship.
Good luck!