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2 min 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 do I obtain a car loan through my name? I’m unable to convince any person to refinance the loan, and my ex-boyfriend hasn’t been paying. Do I have a choice other than bankruptcy? -Anna Anna Dear Anna, While I make money by dealing with the bankruptcy process, I do hope you can find an alternative for the mistake you made in your judgment, especially if this is your sole debt. Co-signing on an loan is among the most frequent reasons why people file bankruptcy. You signed the contract and you agreed to pay the amount; and you’re now paying the price. The lender won’t take your name off of the loan just because you and your boyfriend have separated. Similar to how the lender does not have a say in your choices regarding relationships, it also has no influence on the decision of your split. However, it does require your signature to pay the remaining balance of this loan. In addition, it does not have any incentive to let you get out of that agreement until paid in full. You have four options to choose from Pay the balance It is possible to use the car while paying the balance and can afford the payment. This option protects your credit rating and will eventually get you the title for the vehicle. You can find someone else to help you pay off the debt: For example, you could request a friend to pay the balance and drive the vehicle. You are still 100 percent responsible for paying off your car. However, hopefully you can convince someone else to help. Maybe a family member can take part of the payment and you’ll pay the difference. Make sure all drivers have appropriate insurance. Do not permit anyone to drive your vehicle without being fully insured to be able to do so. Bring the car back to the lender and it is as a repossession in the credit file. The lender will auction off the vehicle and issue a bill for the balance remaining after the sale, which is known as a deficiency balance. You will have to pay that balance. Do not ignore the issue You will be charged the lender will not let you repossess your car and come after you for the amount due. I’ve heard from clients that they were going to pursue the other party responsible and demand that they pay. This is a good idea in principle, but getting the other party to pay is extremely difficult. If you figure out how to achieve this, you can begin your own co-signer collection company as it would be impressive, indeed. Have fun! Ask the adviser To ask a question of the Bankruptcy Adviser, go to the «Ask the Experts» page, and choose «Bankruptcy» to select the topic. Learn more columns and information on debt-management.
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