Comments on: Does the Name on the Car Title Matter?

By: Jonathan

Jonathan — Mon, 05 Sep 2011 22:44:16 +0000

Mike, generally if someone’s name is on a title, that person has some claim of legal ownership of the asset. If your ex-wife will not voluntarily sign the title over to you, you may have to ask a judge to rule that she has no legal interest in the truck.

By: mike patch

mike patch — Tue, 16 Aug 2011 00:01:27 +0000

trying to sell a car in Minnesota. When I baught this truck with my ex wife the delier put are name on the title as her OR myself. Im now trying to sell the truck and they say she has to sign it also. we are devoriced and have NO contact with each other.

By: donna

donna — Sat, 23 Jul 2011 03:07:12 +0000

i live in texas. i bought a car from my sister. i went to transfer title to my name. car is insured but not in my name . lady said ever whos name is going on title insurance also has to b same name. i thought as long as car was insured i was legal

By: Crystal

Crystal — Tue, 12 Oct 2010 15:41:10 +0000

My boyfriend just bought a truck and wants to put the title in his name but he’s under his mother’s insurance. Does it matter who’s name is on the title to mess up the insurance? He paid for it and everything so shouldn’t the title be in his name?

By: BankruptcyBill.us » Blog Archive » BLT (Bankruptcy Lawyer Topics): “Cars!” – by Matt Leichter, Esq.

Fri, 15 Jan 2010 22:37:13 +0000

[...] Does the Name on the Car Title Matter? [...]

By: Jonathan

Jonathan — Sat, 18 Apr 2009 12:31:33 +0000

Blue:
I suspect that your father-in-law and his bankruptcy attorney are worried about whether the transfer of title from your mother-in-law to your husband would be considered a fraudulent transfer that could affect your father-in-law’s bankruptcy (see my post at http://www.thebklawyer.com/thebkblog/2005/06/09/fraudulent-transfer-of-assets-in-georgia/). I can’t speak to Florida law, but assuming the principles are similar to how it works in Georgia, I would also advise any potential BK filer not to transfer any assets or to have his wife transfer any assets until after the bankruptcy case is over.
If the vehicle fits within one of the exemptions, it will pass through bankruptcy. Assuming Florida law works like Georgia law, the title of a vehicle carries with it a presumption of ownership, meaning that in the eyes of the law, your mother-in-law is the “owner” of the vehicle. I do not know what rights your husband has. That would be something for a Florida lawyer to discuss with you.
It might be worth a call to a Florida bankruptcy lawyer to discuss – Jonathan Alpert, Chip Parker or Carmen Dellutri are three Florida bankruptcy lawyers who are all very knowledgeable and may be able to help.

By: BlueinFlorida

BlueinFlorida — Sat, 18 Apr 2009 02:45:48 +0000

Help,
My husbands car which he paid for and is paid for is in his Mothers name. She also has her name on his brother and his wifes’ cars and a friends car as well as on an old junk car. She was about to sign the title over to him finally because he finished paying them for it and it was paid off. His Dad is about to file bankruptcy. Now she says she can’t sign it over to him like they had planned. I am mad. It is his car , he paid for and worked hard to pay for, and she is afraid it will look like she is hiding something, when in fact this was always the agreement. She says they won’t take it and that it isn’t worth anything, but in fact it is a 2000 Jeep Cherokee in fair condition probably worth between 5K and 6K dollars.Also she said that it is in fact his Dad who is filing for bankruptcy so it shouldn’t matter, but I need more concrete info. My husband slaves for less than $10 an hour with type 1 diabetes. He worked hard for that car and will be in dire straights without it.

By: Debra

Debra — Mon, 23 Mar 2009 14:08:11 +0000

My husband has been paying on a 6 yr. truck loan @ 5% for 31/2 yrs. The loan and truck is in the name of a friend who lives in Georgia. We have recently been informed that this person has filed bankruptcy. We have been told by this person that the loan company is changing the terms of the loan contract to 25% interest. The truck is a 2005 Ford F150 and that we will have to pay over $25,000 to keep the truck or give it back to the individual. The truck probably has around $5,000 equity if that. We have elected to return the vehicle and will lose all the equity we have paid into this vehicle, plus the vehicle which we were intending to payoff in the next several months. Can the loan company change the terms of an existing loan contract?

By: Debra

Debra — Mon, 23 Mar 2009 13:52:27 +0000

Does a loan company have the legal right to upcharge on interest rates on an existing vehicle loan of 5% to 25% during the bankruptcy process?