Legal Question in Real Estate Law in Virginia
The title of my car is in my name
and the loan has my fathers name
on it. I agreed and have been paying him $400 a month for the vehicle in cash. I just found out that he lied about me being on the loan and that I've just been giving him $400 for no reason. I used to live with him and I have not had the chance to move my furniture from his house. He is saying if I don't pay him for the Jeep he will get a "mechanics lien" and donate my stuff. Does he have any legal rights to do that? Also, there is nothing in writing saying I agreed to pay him so am I legally responsible to pay him?
1 Answer from Attorneys
You claim that you've supposedly "just been giving him $400 for no reason"?
What about the Jeep; is this suppose to be a 'freebie" for you for which your father must pay? Most unlikely.
Although your father is mistaken about the filing of a mechanics lien in the event of your default on your payments to him, he would not be wrong in insisting that he has a valid civil claim against you that could be pursued in whatever Virginia
court which may be appropriate, whether it be small claims court, regular general district or even your local circuit court, depending upon the dollar amount involved with as well as the nature of his claim(s).
And, yes, merely because there may be nothing in writing memoralizing this
agreement in no way means that it is necessarily unenforceable.
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