When I bought my car, my boyfriend at the time was my co-signer. After an awful break-up, I switched my car loan to have my dad as my co-signer but my ex's name is still on the car title. The bank where my car loan is now through has sent him 3 attempts of 'power of attorney documents' for him to sign to get his name off of the title. He did not sign these. What's my next step?
Lemon Law Attorney
In most states, when two persons have their name on the title to a motor vehicle the legal rights of each can often be determined by whether the word (between their names on the title) is either "and" or the word "or." If it says "and" then that means that both of them have to sign anything to transfer ownership and they both are owners of the vehicle together. But if the word between their names is "or" then either one of them can sign a document to transfer ownership, without the need for the other person to sign at all. If you title says "and" between your names, and the ex boyfriend won't sign off, then you need to talk to a local attorney about how to file a case in court to get a court order to remove his name from the title. Dani Liblang is in your area and she knows car law very well. To find out what this means in your situation and in your state you really need to talk to a local Consumer Law attorney near you, like Dani. Call your local attorney's Bar Association and ask for a referral to a Consumer Law attorney near you or you can go to this web site page for a Free Online 50 State National List of Consumer Law Lawyers (http://www.ohiolemonlaw.com/ocll-site/ocll-locate_local.shtml) and find one near you (lawyers don’t pay to get listed here and most of them are members of the only national association for Consumer Law lawyers, NACA.net). But act quickly because for every legal right you have, there is only a limited amount of time to actually file a lawsuit in court or your rights expire (it's called the statute of limitations), so don't waste your time getting to a Consumer Law attorney and finding out what your rights are. If this answer was helpful, please give me a thumbs up review below. Ron Burdge, www.BurdgeLaw.com
This answer is for general purposes only and does not establish an attorney-client relationship. The law in your state may differ and your best answer will always come from a local attorney that you meet with privately. If you need a Consumer Law attorney, click the link above to find a Consumer Law attorney near you.
unfortunately your best leverage was to keep his name on the loan and use it as leverage to get him to sign the transfer of title... so there is little you can do practically at this time. Good luck.
Answering this question with general knowlege of the law does not create an attorney client relationship and attorney cannot be held responsible for how the questioner uses this information.