Legal Question in Civil Litigation in Virginia

Car title transfer

Fiance made a bad decision and co-signed on a car loan. He is listed as the primary. Person he co-signed with lives in NC and stopped making loan payments last September. We have since been making the payments (6 mos). A few weeks ago we finally managed to track our ''friend'' down and now possess the car. We also have a signed and witnessed (not notarized) letter from him that relinquishes his rights to the car. Unfortunately, the (Virginia) title was mistakenly placed solely in our ''friend''s name and he is resisting signing bank documents that would allow us to re-title the car. (the car was never registered in NC, if it makes a difference). The police department told us that a judge could break the title/loan if need be, but we have no idea how to go about doing it. Any help would be GREATLY appreciated!


Asked on 2/23/04, 1:01 pm

1 Answer from Attorneys
Daniel Hawes Hawes & Associates

Re: Car title transfer

take your documents to the dmv, fill out a new application for title form, and tell the dmv what happened; they can issue a new title based on a bill of sale, which is really what that document from the "friend" is. don't bother with the loan docs - if you get it retitled in your name the lien will still appear on the title - you won't get a certificate of it, the loan co. will. ask the dmv people to send it to the loan co, in fact. you'll get new plates and registration certificate. if the "friend" won't sign the loan co. documents, so what? he'll still be liable on the loan if y'all default, no matter what happens to the collateral.

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Answered on 2/23/04, 4:34 pm


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