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March 8, 2020
Question

Car Loan

  • March 8, 2020
  • 1 reply
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My ex-wife got the car in the divorce and the court documents state that she is owner and responsible for all pertaining debt associated with the car.  Wells Fargo Bank keeps coming after me for late payments since I was the original the primary on the loan and she was the secondary signer. 

 

Her late payments are affecting my credit.  How do I get the bank to accept that she is solely responsible.

 

She keeps saying she will get the car re-financed.

 

The courts had me sign the car over to her and its now registered in her name.

    1 reply

    March 9, 2020

    The bank is within their rights to hold you to the contract you signed, because the bank was not a party to the divorce.  You will have to address this with the divorce court.  The judge could hold your wife in contempt, issue a fine, or even order the car be returned to you until she refinances it.

     

    You may be in technical default on the car loan, if ownership changed without the lender's permission.  Your nuclear option would be to tell the bank to repossess the car.  I would not do this without your attorney's advice, it is likely to piss of the judge.  Take the problem to the judge and get the judge to order your ex to comply or else.