Is it illegal...?
 
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My mother is letting a friend take over payments on a vehicle under her name. the friend is constantly late on payments, causing the bank to put holds on her funds. what can she legally do? can she just take the car back?

By Anonymous Asked Jun 28 2009 11:35PM
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Answer 1 out of 3

by weatherman shrouded in clouds on Jun 29, 2009 at 6:38 am Permalink

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There are some legal aspects to consider. First, who is on the title of the vehicle? Probably the mother. Next, who is the car registered to? Probably same. Next, who is paying the insurance? If not also your mother, then there could be some legal wranglings associated with a verbal contract between your mother and the friend. If all three are in her name, it almost certainly will be seen in court as your mother letting the friend borrow the vehicle.
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Answer 2 out of 3

by john pennington on Jun 29, 2009 at 6:32 am Permalink

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She needs to recover this vehicle asap. if the other person has an auto accident in the vehicle, your mother will eventually be liable.

Its not only the late payments that should concern you. its liability.
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Answer 3 out of 3

by JanZizka on Jun 29, 2009 at 2:30 am Permalink

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If the car is in her name then legally it belongs to her and the late payments are, aside from the obvious problems with holds placed on her funds, likely trashing her credit rating as well. She would be better off taking it back from the bum 'friend' and making the payments herself. If the friend refuses to return the vehicle, well, that qualifies as grand theft auto right there. Give the cops all the information and let them handle this 'friend'.
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Avatar john pennington Jun, 29 2009 at 06:30 AM
its fraud, not theft. they had a verbal agreement on the payments and he faultered. the vehicle still belongs to her. she needs to retrieve the vehicle. its still in her name and any accident will come back to her for liability.
Avatar JanZizka Jun, 29 2009 at 11:50 AM
My mistake then. Still, should be something that could be done about it isn't there? I hadn't considered the accident issue either, one more reason to get it back in her possession.


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My mother is letting a friend take over payments on a vehicle under her name. the friend is constantly late on payments, causing the bank to put holds on her funds. what can she legally do? can she just take the car back?

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