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Refinacing or theft?

Refinacing or theft?

BvG's avatar User  BvG  (Opens a pop up layer) Occasional Visitor

I bought a truck as primary with my husband as a cosigner on the loan from Toyota Financial. We got divorced, and my EX-husband was able to refinance the auto loan through USAA without my knowledge. USAA sent a check on his behalf to Toyota Financial and Toyota financial sent him the title in his name only! Where did it become legal to steal a car out from under a buyer? USAA does not accept responsiblity, neither does Toyota. Who is at fault?

Re: Refinacing or theft?

antaramarie's avatar User  antaramarie  (Opens a pop up layer) Occasional Visitor

I would say who ever refinanced him.

Re: Refinacing or theft?

JonBall's avatar User  JonBall  (Opens a pop up layer) New Member

Whos the one in the Military?

Re: Refinacing or theft?

Blakesley79's avatar User  Blakesley79  (Opens a pop up layer) Occasional Visitor

Toyota financial held the lein against the truck initially. They would be at fault for signing it over to the wrong individual. But, no one may be at fault if the ex did it prior to all the divorce paperwork being final. Shady divorce, not the fault of either bank would be my guess!

Re: Refinacing or theft?

**Jess, RN**'s avatar User  **Jess, RN**  (Opens a pop up layer) Frequent Visitor

Firstly I would like to acknowledge you for coming forward with your concerns. These forums are for ALL USAA members to openly communicate their concerns and receive feedback from our own people. People who understand that we are fighting with our soldiers. We may be separated by branch, class, or rank, but at the end if the day we can all relate I the common ground of serving the United States of America. I'm sure the other wives can relate to the situation of feeling like your giving it your best, your fighting your hardest,and your holding down your he while worrying about

Re: Refinacing or theft?

Tom47's avatar User  Tom47  (Opens a pop up layer) Visitor

When I divorced, ALL financial matters were negotiated before the divorce paperwork was signed by both parties. Didn't your attorney review the paperwork with you before you signed?

Re: Refinacing or theft?

JJay33's avatar User  JJay33  (Opens a pop up layer) Occasional Contributor

I agree with Tom47. You should review and have your lawyer or another review the paperwork and see what was finalized in the divorce. This should be easy and tell you what you are entitled to as it was handled through legal proceedings. Since there is still doubt and problems, it would benefit you to seperate yourself from you ex husband for future problems. By that I use his example. He has done so by refinancing the auto through his name only. There may be implications for his action and you may be able to go after him for this, but you need to see what was settled in the divorce and handle it through legal action. 

Re: Refinacing or theft?

DBS007's avatar User  DBS007  (Opens a pop up layer) Occasional Visitor

It really depends on your state laws. For example, my vehicles were all registered in Ohio and I'm currently stationed in California. Titling in Ohio, by law requires that the title say when putting down owner information the following:

 

John Doe AND Jane Doe (when there is a co-borrower)

 

While in california the state allows for the terms:

 

John Doe AND Jane Doe

John Doe AND/OR Jane Doe

John Doe OR Jane Doe

 

The way it is written on the title gives the financial institution different options. The "and" requires both parties permission while the "and/or - or" only needs one of the borrowers permission. Check to see what your state law requires and see how the title is written. Hope this helps.

Re: Refinacing or theft?

DBS007's avatar User  DBS007  (Opens a pop up layer) Occasional Visitor

One thing I forgot to mention. It is not your financial company that writes your title. It is the state in which you title the vehicle. while a special PoA can be signed by the borrower for the refi company to handle that paperwork; the state is inevitably the drafter of the title. Normally, if the refi is happening with a financial company that is not the same as the original lean holder the refi company will request a release of title. From there, the refi company can use a special PoA to change the title to specify what the refi borrower requests. The refi company will submit this application to the state titling agency. If the terminology on the original title allows for one of the borrowers the to make changes the state will change the title. If not, the state will deny the request until all borrowers listed on the original title have agreed to the changes.

 

This leads me to believe the title was written in a way that he could make changes without your permission. I'll say it again, check your state laws and verify the terminology on the original title. Sorry for the long winded responses and I hope everything works out for you.

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