Can I trade my truck without my deployed co-signer if he refuses to sign off on the title?

[jasper]

My ex-husband co-signed a vehicle for me 6 years ago when we were married and now it's broken and I want to trade it. The problem is, he's in the military deployed in Afghanistan right now. I have sent him emails about signing his name off the loan so that I can trade. I even emailed his mom here stateside and have received no response (her number is unlisted and I found her online through a locator). I have made every single payment myself and can prove it and I know for sure he wants nothing to do with the vehicle. The finance company refuses to allow me to do anything without his signature, even though I can prove I have already paid over $30,000 toward the vehicle on the payments since it was financed. The vehicle is almost paid off- I have 7 payments to go and fixing it will cost almost twice as much as I owe on it, so I just want to trade it for whatever I can get for it and not have a co-signer on a new loan. I'm thinking I may have to stop the payments and buy another car (through a self-financed dealership, more than likely with a ridiculous interest rate) before the finance company reports a late payment and just let the finance company take the vehicle (yes, repo). I don't want to do this, but if I wait and pay it off, I will have absolutely no leverage for my ex to get off the title once it's paid off and I STILL won't be able to trade or sell it. Is there ANY other way around this? I know he is protected under the Soldiers and Sailors Act, so I can't serve him any court documents and I have no idea when he will be back, so the sooner, the better. I was hoping to trade the vehicle, even though I know I may only get about $5000 for it since it isn't running, and if so, after the finance company is paid off, I would be able to use what's left towards a down payment, b/c I really don't have one at this time. Plus, I would much rather go through my current finance company for a new loan, but those chances are shot if I let them repo the current vehicle. I'm paying A LOT monthly for a vehicle I can't use and could be using that payment on something I CAN use. I have no idea where he is in Afghanistan or his unit or anything, so contacting his Commander isn't really an option and I doubt legal on post will help. Any suggestions?? Oh and I'm in Texas, by the way (if anyone knows a Texas stipulation in the law for this situation).

[jan46]

You will have to pay the car off. If you had a nasty Divorce he won't want to sign, Just tell him your not paying any more And the bank will go after him.

[camdin90]

If the car is in your name and he is nothing more than a co-signer the car can be traded with no problem.
My advice would be to go to your local credit union and get a small loan and refinance the car. Less payments and the car will be all yours.

[yago]

I don't know call an attorney. If he wasn't deployed, I would say no, it's in both names, and you have to have both signatures to sign it over. But, I'm not sure with him deployed.

[gideon]

I don't know call an attorney. If he wasn't deployed, I would say no, it's in both names, and you have to have both signatures to sign it over. But, I'm not sure with him deployed.

Finance companies are bound by strict regulations and I think what you need here is a court decision which declares your ex to be excluded from the contract due to his non-response and his overseas commitment. That way the finance company should be able to process things as you want. A local lawyer should be able to do this for you. Theoretically you should be able to do this without involving your ex.