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?

UPDATED: Sep 29, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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