I cosigned on a motorcycle for my son. He lives out of state now, and has not answered any of my communication attempts in months. He defaulted on loan, and I paid off the debt via a settlement. My name is not on said title. Do I have any rights to the bike?
Sue your son. That’s about it. You have no legal right to take the motorcycle.
Moved from General Questions to IMHO.
samclem, moderator
Why move to IMHO? It seems the OP has a question of fact: does he have any rights to the bike?
If your name is not on the title, you have no rights to the motorcycle.
I was under the impression that if you co-signed on anything, that put your name on the title as a joint owner.
That wouldn’t apply to a personal loan. That might be the case if the motorcycle was collateral for the loan though.
EWven if the bike was collateral (which it would be) the bank or loan company would be on the title as lien-holder until loan was paid. All Dad “owned” was the obligation to pay.
hey, how’s that credit rating? Damaged of course. So a son who won’t even talk to you - did you have any reason to believe he was responsible before you co-signed?
I think you have a claim on the bike but you will need to take it to court to get a judgement in your favor. Depending on your state and the costs, small claims court might work. I have seen this happen and the vehicle was awarded to the parent. It might also depend on how much was paid off before you finished paying it off.
A few months (years?) ago, the board decided that legal questions would be moved to IMHO.
Well of course. Matters of law aren’t fact. I see.
If I understand correctly, it’s more like: legal advice that you get on a message board should be considered as opinion rather than fact. It’s a cover-your-ass/caveat emptor measure on the Board’s part.
If matters of law were fact, you’d hardly ever see 5-4 decisions from the Supreme Court.
Nope. When I cosigned for a car for my sister, I made sure my name was on the title as well, just in case. When she paid it off, we took my name off.
hhhranch, I’m sure you’re furious, hurt and spitting nails. Don’t know the backstory about co-signing but I’d say that this time you thought it would work.
It’s taken care of now though, unfairly, by you.
Breathe. Don’t sue your son. It could have long-reaching consequences like never-met grandkids. Just don’t trust him that much again without a loooong period of change proven.
Kids make you earn your stripes. They leave tan (burned) marks.
The defaulted motorcycle is obviously a symptom of a much deeper issue. Taking the motorcycle back (which is legally doubtful unless your name is on the title) will accomplish little if anything of value in the long run and may put you in legal jeopardy.
Whatever got you to this point with your son has a long, long history. The bike is paid off and your relationship with your son is apparently seriously damaged. It sounds like he is both irresponsible, angry at you on some level and probably seriously embarrassed unless he is sociopath of some kind.
The money you paid for the motorcycle is gone. You will never see it again, It is in the same place as all the other things you bought him as a child. You need to kiss it goodbye forever. Trying to use the moral obligation of the debt to wield power over him or force him to communicate with you is not going to work. From his perspective you are the Giving Tree, not a bank.
Whatever you do you need to get past the motorcycle debt and address the root issue of your fractured relationship. It may or may not be fixable, but using his motorcycle debt default as a moral crowbar to force him to your way of thinking is not a winning strategy.
I have always held that the important date is not when the kids move out of the house. It is when they move out of your wallet.
My oldest is 17 and my youngest is 13. These are words of wisdom that I will keep in mind for the next decade.
Or two.
Step-kids are 34 and 32, still in the wallet - and a granddaughter has been added…
I recommend teaching the kids solid financial management skills. Sadly, unlike sex, they don’t seem to learn that in school.