Legal Question in Civil Litigation in Maryland

Automobile in my parents name, do I have any rights?

A year ago my parents and I purchased a vehicle. I put a downpayment, traded in my vehicle and selected the new one. I could not get financing, so my parents put it in their name. I could have went somewhere else ( had another vehicle approved, in-house financing) they insisted I get the vehicle they were signing for.. and so we did. Last month, without warning my mother decides she wants to take the vehicle from me, though I have paid all of the payments and insurance. Then she decides to give it back because she could not trade it in for what we owed. Now, the vehicle had been hit a couple of months ago.. we made a claim.. she got the check. I asked for the money, so I could get it fixed or I told her she could put it toward pymts if she'd like.. She SPENT ALL of the money from it..on ''her'' bills and said she had the right to because she paid last mths pymt?! So now I sit with a damaged vehicle, and threats everyday of taking it back. Is there anything I can do? Can I take her to court for all of the money I have paid on it? I'm sure there has to be something I can do. I want to get another vehicle, but I do have a conscience.. unlike her.. and would feel bad leaving her with the bill. Could you please give me some advice?


Asked on 9/14/07, 4:53 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Automobile in my parents name, do I have any rights?

Unfortunately, by putting only your parents' names on the title, you effectively gave them control over the vehicle. Now they have apparently betrayed your trust. Of course, the one bright side (for you) is the financing is also in their name, so if you decide to get another vehicle, it won't be a drag on your credit.

In all likelihood the vehicle could now not be sold or traded for enough to pay off the balance of the note, unless it was a very short term note. So you might be better off letting your mother have the vehicle and telling her you won't be making any more payments, unless she's willing to repay the insurance money to you so you can fix it up, and then retitling the vehicle in your name.

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Answered on 9/17/07, 9:43 am


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