Can someone legally take back a gift if it is financed in their name?

Question

Can someone legally take back a gift if it is financed in their name?

Answer

Your post is confusing. It is not possible for anyone to give something away that they do not own.

A gift is simply the unconditional transfer of delivery of an item from the giver (donor) to the recipient (donee). For land, delivery is complete upon providing a signed title. For a car, same thing or possession of the car. For other items without title, its just possession or the ability for the donee to take possession.

If the donee is paying money for the item, its not a gift but a sale.

If an item is financed (like a house or a car), then it cannot be given to anyone by the donor. The reason is that to get a loan, the donor had to sign away his/her rights to the lender. The donor cannot give away to the donee what he/she does not have. And if the donor did try to give away his/her rights to the donee and if the lender found out about it, the lender will come after the donor with criminal charges unless the donor keeps paying.

So how is this even possible? What was allegedly "given" here? If the donor does not own the item then he/she will have to see if the donee will voluntarily part with possession of the item. If the item is not returned, the the donor has a legal problem. The donor had better find a way to get the gift paid off so that clear title (if any) can be given to the donee to avoid any further legal problems.

Never do anything this dumb again without consulting a lawyer.