by dainguyen75 » Sat Apr 13, 2013 01:21 am
Few years ago, my husband sold his car with auto loan remaining and he did not transfer the title to the buyer. He and buyer did not go to the bank or did not set up the escrow contract. He only sent the bank the letter to transfer title to the buyer by fax.
Several months ago, my husband received the notice from the bank said that my husband had not paid money for the car. At that time, my husband told the bank to take the car back from the buyer
But the bank could not do it because the buyer had an accident at that time and it was completely damaged, so we have to pay money for car since.
Now my husband receives the notice that he is liable for the loss caused by accident, and it seems that the buyer did not pay for insurance during the time buyer used it. Does my husband have to pay for the loss caused by accident?
Several months ago, my husband received the notice from the bank said that my husband had not paid money for the car. At that time, my husband told the bank to take the car back from the buyer
But the bank could not do it because the buyer had an accident at that time and it was completely damaged, so we have to pay money for car since.
Now my husband receives the notice that he is liable for the loss caused by accident, and it seems that the buyer did not pay for insurance during the time buyer used it. Does my husband have to pay for the loss caused by accident?
Posted: Sat Apr 13, 2013 01:38 pm Post Subject:
I won't tell you how many things your husband did wrong in that situation.... I'd be here all day.
In some states the owner can be held liable for the use of the vehicle. Beyond that, this is a legal question for an attorney who knows the laws in that state.
My recommendation is that you send a letter to the party demanding the money and let them know that the vehicle was sold. I'd give them all of the documentation that you can, a copy of the letter sent to the bank, all of the info on the driver, etc.
But still.... here is my question: I doubt you'd allow a complete stranger to make payments on _your_ loan_ (if your husband did this well....). So I'm guessing it's a family member who was involved. If that is the case, have you gone back to this person and told them to make good with the carrier demanding payment? Of course he/she won't.... they could not buy a vehicle of their own, they choose not to obey the law and keep insurance on the vehicle as required, they stopped making payments on a vehicle when they owed money, so of course they are going to be scummy and stick your husband with this one as well.
Posted: Sun Apr 14, 2013 02:53 am Post Subject: Thanks for your recommendation
Thanks so much for your recommendation. We will do it. I also think that we will need a lawyer better than paying the loss of the accident, we do not know how much and I think it is not a small amount :(
And you are right, the buyer is scummy, she is a black American. i am sorry to say so, but she had been working as a driver for my husband for 5 years,He behaved well to her and she did it to my husband, he is so irritated.
Thanks again for your recommendation.
Have a nice one.
Posted: Sun Apr 14, 2013 04:08 pm Post Subject:
Yes, you're absolutely right. Your husband went on the wrong track completely. Get help from a legal attorney so that things don't get difficult any more.
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