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2 minutes read published March 03, 2015.
Justin Harelik Justin Harelik Written by Justin Harelik The Bankruptcy Adviser
Justin Harelik
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Dear Bankruptcy Adviser, How can I get a vehicle loan under my name? I can’t get anyone to refinance it and my ex-boyfriend isn’t paying. Do I have a choice other than bankruptcy? -Anna Anna Dear Anna Although I earn a living by handling the bankruptcy process, I hope that you can find an alternative for your previous error in judgment, especially if this is the only debt you have. Co-signing on the loan is among the most common reasons people file bankruptcy. You did sign the agreement and agreed to pay it; and you are now paying the price. The lender will not remove your name off of the loan just because you and your partner have separated. Just as the lender has no say in your relationship choices the same applies to your loan. It also doesn’t have a influence on your decision to separate. It does require your signature to pay the balance on this loan. In addition, it does not have any incentive to let you get out of this agreement until you have the loan is paid in full. You have four options at this point: Pay the balance: Perhaps, you are able to utilize the vehicle for the balance payment and are able to afford the installment. This can protect your credit and eventually gets you the title to the car. You can find someone else to pay the balance: You could request a friend to pay the balance, and then drive the vehicle. You are still 100 percent responsible for paying off this car. But you can get someone else to assist. Perhaps a friend could make an amount of the loan and you make the rest. Check that all drivers have appropriate insurance. Don’t allow anyone to drive your car without insurance coverage to do so. Return the vehicle to the lender: This is as a repossession on your credit record. The lender will auction off the vehicle and issue a bill for the remaining balance after the sale, which is known as the deficiency balance. You’ll have to pay the balance. Do not ignore the issue: The lender will not let you repossess your car and come after you for the deficiency balance. I have heard clients say they were going to sue the other party responsible and force them to pay. This is a good idea in theory, however getting the other party to pay is very difficult. If you are able to figure out how to do this, you could start your own collection company for co-signers as it would be impressive, indeed. Best of luck! Ask the adviser a question of the Bankruptcy adviser, visit the “Ask the Experts” page and select “Bankruptcy” for the topic. Learn more columns and information about debt management.
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