If my husband and I recently applied for a car loan but then found out a car has been purchased in his name, what do we do?

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If my husband and I recently applied for a car loan but then found out a car has been purchased in his name, what do we do?

The loan was approved a year ago and someone has a vehicle out there in his name somewhere. We did not go to dealership and sign anything. The dealership processed this deal without his knowledge and signature. I have purchased two vehicles recently and I had to sign in front of the finance person. Can we make the dealership reverse or buy the loan? We did not sign for the vehicle therefore we would like to file charges against the dealership, the person who signed, and the person who has the vehicle. Can this loan be removed from our credit?

Asked on September 1, 2015 under Business Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The dealership is not at fault or liable if someone else stole your husband's identity and pretended to be him--not unless the dealership collaborated knowingly in the crime or possibly, was unreasonably careless e.g. did not ask for the documentation or ID they usually would--though if they asked for such and were provided fact documentation, then they did nothing wrong. Therefore, you cannot make the dealership reverse or buy the loan unless you can show the dealership was at fault.
You can press charges against the person who did this, if you can identify him or her, and you can send an explanatory statement to the credit reporting agencies, with a copy of the police report. You can also sue the person who did this, if you find him, for any costs or losses you incurred.


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