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How do I legally prevent the sale of the car by the co-signor?

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  • How do I legally prevent the sale of the car by the co-signor?

    My husband's car was co-signed by his girlfriend several years ago. He loaned the car to another person with the agreement they would make payments for six months and he would then take back physical possession of the car.

    The car loan is being considered in arrears for a few months payment (there was a lump sum paid, but it was applied to the principal) the car loan has been considered abandoned by the bank, because the other individual is possessing the car and making payments and they are NOT on the loan.

    The co-signor took the car (after the bank contacted her and she disclosed that she didn't know who had the car and it wasn't him) and wishes to sell it and (pay the loan?) The co-signor has never made payments in the history of the car. My husband is currently unable to handle his finances. I am his wife and have power of attorney.

    How do I legally go about preventing the sell of the car by the co-signor and regain possession of the car and the return of keys and all property joined w/the car?

    I am in Indiana? This occurred yesterday, need help to do this?

    How can I get the car back?

  • #2
    re: How do I legally prevent the sale of the car by the co-signor?

    Whose name is on title to the car?

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    • #3
      re: How do I legally prevent the sale of the car by the co-signor?

      Both. His name is on it and her name is on it as well. I have spoken with the finance company and they want full payment of the car to release it from repossession status. They want the monies from either party.

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      • #4
        re: How do I legally prevent the sale of the car by the co-signor?

        You may want to head into small claims court and get an order for damages etc. if you all cannot agree a solution at this point. It seems too many conflicting interests may exist to resolve any other way.

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