For those lawyer and law students, I need your help quick!

General Questions
#1

When my sister bought her car, she had her father-in-law co-sign the loan/title so she could get a discount on it. Well, to make a long story short, the FIL and MIL went crazy and are cutting ties with my sister and her husband. Before this happened though, my sister had her FIL go to the bank with her to revoke his name on the loan and title, which he signed a power of attorney in order to do so. (I hope I am making sense…)

Anyway, the power of attorney document (the actual paper) that the bank had with his signature on it was lost by the financial agent. Now, the FIL refuses to sign a new one because he feels that my sister and her husband owe him money (A REALLY LONG STORY & VERY NOT TRUE). The credit union is right now saying that it’s not their responsibility to get another signature.

Is this true? Shouldn’t they have to take him to court or something on their cost and not my sister’s?

#2

So the Credit Union lost the form that FIL signed? And they have no copy?

Well, assuming they admit that FIL DID sign the form, you’d think they would be a bit more concerned about it, but I don’t think they can take the guy to court to sign a new one.

I think you sis has more of a beef with the Credit Union than they do with her FIL and perhaps she should persue action against them if they’re being so unhelpful.

Of course, IANAL. Or a law student for that matter.

#3

Your sister needs to speak to a lawyer licensed to practice in her jurisdiction. No lawyer here is going to offer specific legal advice on her specific situation because it runs the risk of creating an attorney-client relationship between the lawyer and your sister, or more probably the lawyer and you.

#4

I know the FIL signed the form because my sister was there when he signed it. The credit union lost it, and basically said, “Sorry, we lost it. Have a nice day!” If they understood what it took to get him to just sign it, and what the situation has evolved to since then, I would think they would try harder. My sister doesn’t have the financial means to pursue anything in court with a lawyer. I just think that the credit union should be held responsible for losing it, and they should go about getting a new signature.

#5

I am an ethicist with some legal training, and teach at a law school, so until a lawyer shows up, let me ask this:

Is the basic problem that the FIL in still on the title as a co-signer? And what is your sister afraid he is going to do if he is on the title?

And why does FIL want to stay on the title? If he put no money into the car, why would he want to part own it? His owner ship could make him liable if the car were ever to cause injury.

In other words, what are the stakes by the various parties? What does each one want and why?

#6

Per what Lynwood Slim said, you need to reduce the situation down to it’s practical essence aside from the drama. Why is it so mission critical to get FIL off the car title? Is there a real world probability he will take the car and sell it or claim possession of it in some manner, or is it just to have parting of the ways?

Practically, what happens if he doesn’t get off the title?

#7

FIL wants to have power and something to hold over my sister’s head to get money because he is lazy and wants to go on a vacation.

Sister needs to get him off the title so that he doesn’t have any authority in her life with anything. These in-laws have tried to kill both of the kids and threatened many lawsuits (which the judge would laugh at once he heard the background with them). It’s the emotional burden mostly weighing her down.

Basically, she is trying to get his name off of everything. Her husband had to give up his life insurance policy to them (started when he was young by his grandparents and parents are beneficiaries, I think) because they said they want to go a vacation after he is dead. Sick, yes I know. This car is the last thing tying the two parties together, and it is turning into war.

#8

He will attempt to take the car, and any money he can from my sister. It’s all about money and possessions.

#9

I’d also be curious as to the FIL’s reluctance to take his signature off as well as your sister’s concern with getting it off.

How long is the loan for? What are the terms? How much longer does your sister have to pay? If your FIL truly wants to sever ties, it doesn’t make much sense that he’d want to remain a guarantor for your sister’s car loan.

#10

Lezlers: It is all about FIL having power in my sister’s affairs. And since his name is on the title, you have to have a power of attorney signed to release him from the title. He won’t sign a new one since the credit union is a bunch of idiots who can’t stay organized.

#11

Ah, well, that explains it then. Please excuse my previous post.

I’m a law student but unfortunately don’t really know what to tell you. If FIL signed as a co-signor, I’d imagine he’d just be secondly liable as a guarantor for the loan. I don’t know how much say FIL actually has in your sister’s handling of the loan, though. I’m not positive if your sister would need his permission before making any modifications to the loan or trading in the car, which would be my first impulse.

#12

Okay, wait. His name is on the title? I thought this was a car loan?

#13

Get the lot of you into family cuonselling.

IAAL

#14

Muffin: That family needs it. At least I don’t have to deal with them.

Lezlers: Yeah, his name is on the title also, which is why they needed a power of attorney signed to get him off of it.

Well, this morning my sister went to the bank and raised hell with everyone in there. They got frantic, and started working to find it or something to help them get a new one. Turns out that they found an archived copy on their computers :smack: I do thank you all for the help. I was a little worried last night about it…

So all is going to back to being “normal”, and thank God for that :slight_smile: