Auto Repossessed


#1

My ex-husband and I were divorced one year ago. There were two debts that remained joint, mortgage and an auto loan. In the separation agreement, he signed over the deed, I kept the house and agreed to refinance to remove his name. With my income and the property value, I didn’t qualify to refinance but I did qualify for the HAMP and 2MP, which he did sign, staying on the loan. For the auto, he took possession and was supposed to get it refinanced or trade it in, to release me. Our separation agreement states that he is responsible for all expenses, including any attorney’s fees, with the auto. The auto was repossessed this week. Our separation agreement was not filed with the court but entered into, signed and notarized before the divorce was final.

What options do I have to prevent the auto loan company from pursuing me since he agreed to be financially responsible? I am on the loan (not sure if it was a joint debt, or if I was a co-borrower.) I assume he would be in breach of contract but I don’t want to make matters worse if he decides to fight against being on the mortgage although he did sign the modification.

Thanks.


#2

The separation agreement cannot protect you against the auto loan company coming after you for non-payment, but you should file a breach of contract claim against your ex-husband, and ask that he pay the defaulted amount and for any fees you incur as a result of his failure to follow the agreement.