My question involves a consumer law issue in the State of: Texas
June 19, 2016 my father's girlfriend (now age 81) purchased a car solely for me/my use when my car broke down. There were no written agreements, only verbal. The verbal agreement was that I would be responsible for making the payments and once the note was paid off she would "sell" the car to me for 1.00 and transfer the title to me. I researched and found the car, I put down 1000.00 down pmt and also purchased an unlimited mile extended warranty thru the Dodge dealersip. I have had new tires, a wheel, and ceramic brakes as well as all the maintenance performed on it.
Now that she is no longer dating my father she wants me to refinance the car into my name. Her reason being that "(she) needs to get out from under that responsibility." Problem is that the note is upsidedown. KBB value = 11,300-13,600 and the note balance = 16, 800.
Since Mar of 2017 Ive been on short term disability and now going thru the long term disability process. My FICO is under 670 and I dont feel any lender will loan me what the note balance is. I have made all pmts in a timely manner and insurance has never lapsed and is current. The note is in her name and it is registered in mine.
My question is if I have abided by all the terms of the verbal agreement, can she repossess my car? What are my rights in this case?
My car is a 2013 Challenger and I have spent a ton of money on it keeping it in very good repair.
If I HAVE to relinquish the car to her, can I ask her to reimburse me for the 3900.00 extended warranty and the coat of the 1200.00 I recently spent on new tires, upgraded braked and 40k maintence work ? I've paid 355 a month on it for the last 22 months, I understand a court may see that as a rental fee but could I demand return of any of those pmts?
Please help as I'm not sure what she'll do at this point. She has dementia (albeit undiagnosed) and has gotten lost hours away just trying to going to her church that she has attended for over 20 years.
TIA for any assistance you can provide.
June 19, 2016 my father's girlfriend (now age 81) purchased a car solely for me/my use when my car broke down. There were no written agreements, only verbal. The verbal agreement was that I would be responsible for making the payments and once the note was paid off she would "sell" the car to me for 1.00 and transfer the title to me. I researched and found the car, I put down 1000.00 down pmt and also purchased an unlimited mile extended warranty thru the Dodge dealersip. I have had new tires, a wheel, and ceramic brakes as well as all the maintenance performed on it.
Now that she is no longer dating my father she wants me to refinance the car into my name. Her reason being that "(she) needs to get out from under that responsibility." Problem is that the note is upsidedown. KBB value = 11,300-13,600 and the note balance = 16, 800.
Since Mar of 2017 Ive been on short term disability and now going thru the long term disability process. My FICO is under 670 and I dont feel any lender will loan me what the note balance is. I have made all pmts in a timely manner and insurance has never lapsed and is current. The note is in her name and it is registered in mine.
My question is if I have abided by all the terms of the verbal agreement, can she repossess my car? What are my rights in this case?
My car is a 2013 Challenger and I have spent a ton of money on it keeping it in very good repair.
If I HAVE to relinquish the car to her, can I ask her to reimburse me for the 3900.00 extended warranty and the coat of the 1200.00 I recently spent on new tires, upgraded braked and 40k maintence work ? I've paid 355 a month on it for the last 22 months, I understand a court may see that as a rental fee but could I demand return of any of those pmts?
Please help as I'm not sure what she'll do at this point. She has dementia (albeit undiagnosed) and has gotten lost hours away just trying to going to her church that she has attended for over 20 years.
TIA for any assistance you can provide.
Private Party Auto Reclamation
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