daughter and her husband just split up he has physical possesion of truck. she wanted to have her name off loan they r 3 payments behind they want truck what is best option she has?
Debt / Lending Agreements Lawyer
These comments are made for educational purposes only and do not constitute legal advice. No attorney-client relationship exists between us.
She has no options for getting her name off the loan. She has the right to possession of the vehicle because your name is on the title. She has the right to take possession by towing without his consent. Her problem will come when the title is issued after pay-off. If his name appears on the title, she won’t be able to sell the car without his permission.
Selling the truck now is best because it will not bring a good price at auction after repossession. The lender will sue both of them for the difference between the auction sale price and the loan balance. If the lender wins (they don't always win), then it gets a judgment. That is not the end of the world but it is a bad mark on the credit reports.