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    Jamie05's Avatar
    Jamie05 Posts: 2, Reputation: 1
    New Member
     
    #1

    Sep 4, 2006, 01:10 AM
    Owner of car
    I and my spouse own a vehicle. I would like to know if a title loan is put on the car will I also be responsible for this loan which I did not sign.
    GaryArt's Avatar
    GaryArt Posts: 43, Reputation: 12
    Junior Member
     
    #2

    Sep 4, 2006, 04:01 AM
    It depends somewhat on the jurisdiction you are in, and somehat on what your spouse signed.

    If your spouse signed for both owners, and you live in a state where one spouse is legally permitted to sign the other's name, you may have a problem.

    If that's not the situation, then while the title loan vultures could probably not take possession of the vehicle, they might be able to complicate any future sale of the vehicle, or demand your spouse's half of the proceeds if it is ever sold.

    Of course, even if they did get possession of it, they probably couldn't sell it without your cooperation either, making it largely worthless to them.

    Depending on how irritated you are (or how irritating you want to be), you could probably get quite creative with them, if they try to be ignorant. Bone up on the technical aspects of title laws and contracts in your state (You can find easy to understand guides in a large library), find a technicality that sounds plausible, and take them to small claims court. They probably won't show up, and even if they do, must judges will recognize them as the creeps they are, and rule in your favor if there is even a remotely possible wa to do so.

    Those kind of places often operate on a small margin (look at the desperate kind of business they chose for themselves), and will almost certainly not want to go to the expense of a lawyer. What's more, being creeps, they generally steer clear of the legal system, and often do not even try to enforce defaulted loans.

    Another fun thing to do might be to store the vehicle somewhere (friend's house, family member's house), and send them a very large bill for storage after a month or so. If you do this properly, and they ignore you, you can place a lien against their half of the car. This doesn't cost much at all.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #3

    Sep 4, 2006, 05:43 AM
    AS stated it will depend on what state you live in and the exact terms of the loan.

    Next I would ask why this is an issue, if you are married is there a divorce in the near future ? Are you trying to borrow money and not have to pay them back ?

    In general first of course the car has to be fully paid for before they can do a title loan and they have to have a copy of the title. So normally a loan company will not issue a loan on a title where they could not collect the money. They are in business to make money and taking the car when they don't collect and selling it, is how they make money if you don't pay.
    Remember they only loan a percentage of the value of the auto.

    Your question leads to believe there is more issues going on, in your relationship.
    Jamie05's Avatar
    Jamie05 Posts: 2, Reputation: 1
    New Member
     
    #4

    Sep 4, 2006, 08:49 PM
    I live in North Carolina and my spouse is trying to title loan the car in Virginia. There is a possible divorce in the near future. I am currently serving in the war. I am not there to sign this loan. The car is fully paid for. My spouse is probably trying to borrow the money and not pay them back. I ask what would they need this loan for and they will not tell me.

    Quote Originally Posted by Fr_Chuck
    AS stated it will depend on what state you live in and the exact terms of the loan.

    Next I would ask why this is an issue, if you are married is there a divorce in the near future ? Are you trying to borrow money and not have to pay them back ?

    In general first of course the car has to be fully paid for before they can do a title loan and they have to have a copy of the title. So normally a loan company will not issue a loan on a title where they could not collect the money. They are in business to make money and taking the car when they don't collect and selling it, is how they make money if you don't pay.
    Remember they only loan a percentage of the value of the auto.

    Your question leads to beleive there is more issues going on, in your relationship.

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