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2 minutes read published March 03, 2015
Justin Harelik Justin Harelik Written by Justin Harelik The Bankruptcy Advisor
Justin Harelik
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Dear Bankruptcy Adviser, How can I get a vehicle loan through my name? I can’t get any person to refinance the loan, and my ex-boyfriend isn’t paying. Do I have a choice other than bankruptcy? — Anna Dear Anna, While I make an income from dealing with case files for bankruptcy, I hope you can find an alternative for the mistake you made in your judgment, especially if this is the only debt you have. Co-signing an loan is among the main reasons why people file for bankruptcy. You did sign the agreement and agreed to pay it; and now you’re paying the amount. The lender won’t take your name off the loan solely because you and your boyfriend are no longer together. Similar to how the lender is not able to influence your relationship choices and choices, it has no say in the decision of your split. It does sign a contract with you to pay the balance on this loan. In addition, it does not have any incentive to let you out of the agreement until it is the loan is paid in full. There are four options to consider to choose from Pay the balance Hopefully, you can use the car for the balance payment and are able to afford the installment. This option protects your credit rating and will eventually get you the title to the vehicle. Find someone else to help you pay off the debt: For example, you could have a friend pay the balance and drive the vehicle. You’re still 100% responsible for paying off this car. But hopefully you can find someone else to assist. Maybe a friend can make a percentage of the payment and you pay the difference. Check that all drivers have adequate insurance. Don’t let someone drive the car without having insurance to be able to do so. Bring the car back to the lender The return will be considered as a repossession on your credit record. The lender will sell the car and issue a bill for the remaining balance following the sale, called the deficiency balance. The customer will be required to pay the amount. Do not ignore the issue It is likely that the lender will not let you repossess your vehicle and then pursue you for the balance due. I have heard clients say they would sue the other party responsible and force them to pay. It sounds great in principle, but making the opposite party pay is very difficult. If you figure out the best way to accomplish this, you could start your own co-signer collection business since that would be impressive indeed. Good luck! Ask the advisor a question of the Bankruptcy adviser, visit the «Ask the Experts» page and select «Bankruptcy» as the topic. Learn more columns and information about debt management.
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