I live in a title holding state. We surrendered one set of cars 90 days before we filed because of the payments. We used a rental car for about two months. We then went to a car hop to buy a car because the rentals were expensive. We checked out the car and did all that to the best of our ability, got car fax report etc. Two weeks into driving the car the check engine light came on. Car hop would not honor the warranty because they say it was electrical. We tried to work out something with Car Hop in regards to getting the car fix but they would not budge. Well we went ahead and filed BK right after we got the car ( I know it was not the right move we probably should of waited). We needed the car because of my husband being in the military he could not afford to miss work. We started working with another car company who was able to get us a newer car. We then surrendered the car back to Carhop. The new company tells us yesterday they need a note from Carhop saying they will not challenge us. We talked to our attorney who says Carhop will more than likely not challenge us because we documented the problems with the car. He says that as long as we did not turn in the car because we could not afford it then we should be fine. He says if they challenge there is no way they would win. CarHop wants us to sign a title release form back to them. I refuse to sign anything until my lawyer sees it. My question is this: does the title release form release us of the obligation of the loan? Meaning if I sign it does mean the car is solely Carhop's responsibility now.
We really screwed up on this one but we were desperate to get a car to get my husband back and forth to work. I'm calling Carhop today to have the papers faxed to me then I'm faxing them to my attorney. I told the dealership there is no way Carhop is going to sign a paper stating they are not going to challenge us. They may know that they have no case but they are not going to tell me that. She seems to think they will because they want the title signed back to them.
We really screwed up on this one but we were desperate to get a car to get my husband back and forth to work. I'm calling Carhop today to have the papers faxed to me then I'm faxing them to my attorney. I told the dealership there is no way Carhop is going to sign a paper stating they are not going to challenge us. They may know that they have no case but they are not going to tell me that. She seems to think they will because they want the title signed back to them.
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