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2 min read Published March 03, 2015.
Written by Justin Harelik Written by Justin Harelik The Bankruptcy Adviser
Justin Harelik
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Dear Bankruptcy Adviser: How can I obtain a car loan out of my name? I’m not able to get anyone to refinance it, and my ex-boyfriend is not paying. Do I have a choice other than bankruptcy? — Anna Dear Anna, While I make an income from dealing with the bankruptcy process, I hope you are able to find a way around your previous error in judgment particularly if this is your sole debt. Co-signing on a loan is among the most common reasons that people file bankruptcy. You did sign the agreement; you did agree to pay the amount; and you’re now paying the amount. The lender will not remove your name off the loan simply because your boyfriend and you have separated. Just as the lender is not able to influence your choices regarding relationships and choices, it has no input into your decision to separate. It does sign a contract with you to pay the balance on this loan. Additionally, there is no incentive to let you out of this agreement until you have you have paid the entire amount. There are four options to consider at this point to pay the balance Hopefully, you can make use of the car while paying the balance and you can afford the monthly payment. This will protect your credit rating and will eventually get you the title to the vehicle. You can find someone else to pay the balance: You can have a friend pay the balance, and then drive the car. You are still 100 percent responsible for paying off your car. However, hopefully you can find another person to help. Perhaps a friend could make an amount of the loan and you’ll make the rest. Check that all drivers have appropriate insurance. Don’t let someone drive your vehicle without being fully insured to be able to do so. Bring the car back to the lender and it could be a repossession on the credit file. The lender will then sell the vehicle and then send you a check for the balance remaining after the sale, referred to as the deficiency balance. You will have to pay the amount. Don’t be concerned: The lender will not let you repossess your vehicle and then pursue you for the balance due. I have heard clients say they planned to sue the other party responsible and force them to pay. This is a good idea in principle, but getting the other party to pay can be very difficult. If you are able to figure out how to do this, you can begin your own co-signer collection business as it would be impressive indeed. Have fun! Ask the adviser To ask a question of the Bankruptcy adviser, visit the “Ask the Experts” page, and choose “Bankruptcy” as the subject. Read more columns and more regarding debt control.
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The article was written by Justin Harelik The Bankruptcy Adviser
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