Well here's some background information on my situation: A "friend" of mine, I'll call her L, was living with my family and I for about 6 months or so. In that time my mom gave her $1500 for a down payment on a car (she didn't pay a cent back). Around the same time my mom gave me $2000 for a car. Since I couldn't have a car in my name it was in L's name. When I went away for a month and a half my mom had her come over and sign the title as the seller so we could put it in someone else's name. We still have the signed title. This February I agreed to sell her the car for really cheap ($400). The car worked fine, but the hood was fucked and the left headlight needed to be replaced because I was in an accident in June of 2009. It's still in her name, but we have the title that has her signature as the seller. Is it legal for me to get someone to sign it as the buyer and get it taken away from her? There's no written agreement or anything. And this little bit isn't necessary but this'll give you an idea of what kind of person this girl is. I've told her very nicely that I need to see some of that money countless times. I really could've used it when my mom went to prison and I had nowhere to live, but that's all done and over with. She keeps making up excuses like "I need to pay off this and this and this, then I'll start making payments." It has been almost 9 months since I basically gave her a free car and I haven't seen a cent. Once she even said "I only get like $30 on my checks" and yet every single time I ask her what she's doing she says she's working. Bullshit. 4 days ago she came over to my apartment to whine and cry about how terrible her life is and told me she had spent at least $150 on alcohol that week. She's a raging alcoholic and she's not even old enough to buy alcohol yet. So instead of paying me she spends all her money on drugs and alcohol. Also while she was living with us she stole a bunch of my mom's and sisters' clothes and makeup. Not too long ago I was hanging out with her and she was wearing my clothes that had gone missing a while ago. Summary: My car is in my friend's name but was in my posession because my mom bought it for $2000. I agreed to sell it to her for $400 at the beginning of February 2010. She hasn't paid a cent in nearly 9 months. She signed the title as the seller in 2009. We still have the signed title, it's not dated or anything. Can I find someone who isn't a backstabber to sign it as the buyer and get my car back?
If the car is titled in her name you have no legal recourse. This is why you always have some sort of written contract when stuff like this goes down. Sorry man. Cut your losses, and cut the worthless alcoholic out of your life.
Eh... if you think this girl actually has the capacity (and monetary ability) to challenge your decision in court, then you might be out of luck. Since it was purchased in her name, the money used to buy it doesn't make a difference and is legally seen as a gift. Still, if she does decide to challenge the sale then your actions will be seen as illegal and you could face serious legal ramifications. However, it doesn't seem like she has the ability to consult with an Attorney on the matter, as she hasn't even paid you that money back that you lent her, and might just let it go. Honestly, I say just do it. Find a reputable friend and get your car back in your possession. Of course, you can always call a Lawyer for a consultation on the matter, which they normally won't charge for.
So even though I have the title which has her name on it as the seller, I can't get someone to sign it as the buyer and take it back? Wouldn't I just be able to report it as stolen or something?
She can contest that she had no prior knowledge of you possessing the title and the vehicle will be remanded back into her custody after a very short trial. If taking someone's car was as simple as getting a hold of the title and signing it over to someone else, I would be a very wealthy man.
You could get in trouble. She could play dumb and claim you're trying to steal the car. Your best bet is absolutely to consult a lawyer to see what your options are
Usually? No, it won't cost you a dime for a simple consultation over the phone. It's strictly dependent on the lawyer, though. I've been given advice by dozens of attorneys across several different states and they have never charged me unless I decided to hire them for their services. Most of the time, they want to first have an idea of what kind of advice you need so they can gauge whether or not they can help you.