Legal Question in Credit and Debt Law in New York
Do I have the right?
I financed a Harley Davidson Mortorcycle for my boyfriend with a home equity line of credit on my house. I was too trusting and allowed him to put the bike in his name against my own good jusdgement. He left me and agreed to continue to pay so much every two weeks until it is paid off. He has been paying but now my home is in foreclosure and I told him I can no longer afford to finance the bike for him and gave him some time to come up with the payment in full so he could keep it or the bike would have to be sold. After the time was up he said he couldn't raise the money and will only pay the amount of the original agreement and said he is keeping the bike. If I took him to court would I stand a chance of getting the bike back? My intentions are to sell the bike and pay up on my mortgage and home equity line of credit so I do not lose my home. I can prove it was paid for with my home equity line of credit and I can also prove he owes the money for it. Do I have any legal claim?
1 Answer from Attorneys
Re: Do I have the right?
Unless you have a written agreement, i.e promissory note, with your boyfriend that he owes you money, your claim would be very difficult to prove.