need help on this one

[sar2547]

Short and simple........file for Chp.7 Jan. 2011...wifes car lease was finished in March 2011...our credit is in the crapper....my grandmother signs for our car loan(NOT A COSIGN)....my gramma passed last month...How will I be able to get the title in my name eventually? We have proof of all payments made by us.......anyone???

[DebtHater]

First off, my condolences for you loss.

Unfortunately the issue at hand is who's name is on the note and title, not who physically paid or who is in possession. There are too many variables to give you an answer on not so much how you can get the title, but if you can get the title. Many of the variable have to do with the laws in your state including probate law, contractual law and so on. I'm sorry to say you are likely going to need legal help to sort through this as there are certainly more here then a message board can help you with.

Just a few things you will be up against:

Whether or not there is a will and if there is, if you are named to be the recipient of the car. If you are named to be the recipient then you can probably get the title switched (after the will has been executed) and the are no liens on the title. If there are liens on the title they will likely need to be paid. If there is no will, the assets (car) may have to be distributed according to state law.

Another issue is did grandma have any other debt? If so, any assets of her estate (the car) will likely have to go against any debts. In short, the car may need to be sold off if this is the case. This is not to say that you can't buy it, but I know that's not the answer you are looking for.

Good luck and I hope things turn out for the best.

[DebtHater]

I forgot to add, you may want to consider not sending any more payments. Although your intentions are good, the end result is you may just end up throwing your money away as you may not get the car at all. All that the lender needs to know at this point is the the person named on the loan is deceased. It will be up to the executor of the will or individual cleaning up her business to make the notification. After than, you will just have to wait for the legal system to run it's course.