How canI remove my name from an auto loan?

I co-signed on an auto loan for my now ex boyfriend. I am wondering if there is anything I can do to get my name removed from the loan and title. Or at least a way I can have no responsibility on this vehicle if he was to make delinquent payments, which he already has, or being sued in case of an accident.

Asked on September 25, 2010 under General Practice, Minnesota

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Unfortunately you are in a big pickle.  The loan documents that you signed I am sure make you jointly and severally liable for the auto loan.  That means that the loan company will come after you for payment and that it will be reported to the credit reporting agencies under your name.  horrible, isn't it, and all for being kind hearted at the time.  So what should you do.  Well, first, if he is in fact delinquent, I would contact the bank and see what you can do to make it current.  Then I would bring an action against him for the money and for possession of the vehicle (the money you are going to have to pay will bring the loan current and is not for the future use but past use, of which you were not in possession of the auto or had use of the auto).  Then once you have the auto decide how you want to proceed.  Good luck.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I'm afraid that you probably cannot. The lender relied on your credit and income in making its decision to approve the loan. I assume that his credit/income information was not sufficientwhich is why you needed to sign in the first place.  Even if his information has improved, a lender virtually never removes a co-signer. Besides, if it were considered, it would require the co-operation of your ex and it doesn't seem likely that you'd get it.  As for your being liable in the case of an accident, there is in fact potential liability for you here (depending on how the title to the car is held).  In this regard, you could try and get some type of "indemnification" wherebyif you incurred any financial loss, he would legally be required to reimburse you. However, I seriously doubt he'd agree to that. And even if he did, wouldhe actually be able to pay you back any money? Unfortunately, you're in a tough position here. In the future, don't take signing a legal document lightly.

 


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