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What happens to a co-signer in the event of a vehicle being repossessed? Advertiser Disclosure Advertiser Disclosure We are an independent, advertising-supported comparison service. Our mission is to help you make smarter financial decisions by offering interactive tools and financial calculators, publishing original and objective content. We also allow users to conduct studies and compare information at no cost to help you make sound financial decisions. Bankrate has agreements with issuers including, but not restricted to, American Express, Bank of America, Capital One, Chase, Citi and Discover. How We Earn Money The offers that appear on this site come from companies that pay us. This compensation may impact how and when products are featured on the site, such as, for example, the order in which they may be listed within the categories of listing and other categories, unless prohibited by law. This applies to our mortgage, home equity, and other home loan products. This compensation, however, does not influence the information we provide, or the reviews you read on this site. We do not contain the universe of companies or financial offerings that might be accessible to you. SHARE: prostooleh/Getty Images

4 min read. Published September 30 2022

Dan Miller Written Dan Miller Written by Points and Miles Expert Contributor Dan Miller is a former contributing writer for Bankrate. Dan wrote about loans, home equity, and managing debts in his work. Edited by Rashawn Mitchner. Edited by Associate loans Editor Rashawn Mitchner is a former associate editor at Bankrate. The Bankrate promises

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This compensation could influence the manner, place and in what order items are listed, except where prohibited by law. This is the case for our mortgage or home equity products, as well as other products for home loans. Other elements, such as our own rules for our website and whether or not a product is available within the area you reside in or is within your personal credit score may also influence the way and place products are listed on this site. While we strive to provide an array of offers, Bankrate does not include details about each credit or financial product or service. Co-signing a car loan for a friend or loved one is a significant financial decision. It means you are legally accountable for the loan payments if the person whom you’re cosigning for does not make the payments. As well as placing your cash at risk by co-signing an auto loan as well, you’re also putting at risk your credit. If the loan ends up in default or your car is eventually taken away the credit of your client will be damaged–even if you have long-standing tradition of paying all your obligations in time. How auto repossession works the lease is signed agreement or purchase the purchase of a vehicle, you don’t actually own the car. The lender retains the title of the vehicle until you fulfill your obligations and repay the loan. As part of the papers you signed when you drove off in the car, you agreed to give the lender permission to seize the car if you cease paying the loan. The lender will typically only take possession of cars in the last instance, in the event that you have stopped making payments and they think there’s little to no chance you’ll be able to resume your payments. Most lenders would prefer receiving payment instead of having to go through the hassle of taking the vehicle back. If the lender does decide to take possession of the car, it’s usually not required to issue any notice. The lender might send a chauffeur to remove the vehicle or hire an tow vehicle. If your vehicle has a remote start it is possible that the lender might also block your ability to start the car. While laws vary by state however, a lender is generally permitted to enter private property to take possession of a car. However, it’s generally not permitted to enter the garage or cause damage to the property. What happens when a co-signer is unable to take possession of a car? It’s crucial to understand that attempting to fix a default on the loan yourself, also known as “taking matters into your own hands,” isn’t considered to be a legitimate substitute for legal action in all states. It is a court law to discourage the kind of physical confrontation that’s possible when you attempt to repossess your friend’s car, so allow the dealership or bank seize it. How the credit of co-signers is affected by repossession co-signing makes you legally responsible for the debt. In co-signing the loan and committing to the lender that you’d ensure that payments were made even if the primary borrower did not make them. This means that the late payment or repossession could appear in your credit reports too. Liabilities as a co-signer As the co-signer for the car you’re the one in the position of being responsible for this debt until it is paid in full. Credit scores, your available cash , and the relationship you have with the co-signer you have a problem with are in jeopardy. If things go poorly the three issues could be affected. There are several reasons that you should be cautious when signing to sign a co-signer. About who and what you sign for. It’s a good idea to only sign for those who are close friends or relatives that you trust. It is ideal to choose those who have a stable financial situation. To help protect yourself in the event of a crisis, you may think about establishing an individual contract between you and the primary borrower. The contract should set out your expectations and define the obligations of each party. After the document has been agreed to by both parties have it notarized. Rights as a co-signer As the co-signer, you’re legally responsible for the debt, but you do not have any legal rights to the debt . You do not have a legal right to ownership of the car or other property. If the principal borrower is behind on their car payment, you may think that you have the right to repossess the car yourself however, you don’t. One way to protect yourself when co-signing for a loan is to keep one payment in advance. You can call the lender, find out what amount is due (if any) and then pay it and then make one additional payment. If your co-signer is late on another payment the late payment can still be counted toward the balance without hurting your credit. You just need to keep contact to the lender and stay 1 month in advance. Another option is to request to be removed from the loan. The borrower who is the primary one must agree to the cosigner release, in addition, they must also agree to the release of the cosigner. The lender will only give approval if the primary borrower shows that they are able to repay the loan on their own. Building credit after repossession Having the repossession appear on your credit report will make your credit score drop and affect the ability to qualify for other types of loans. The repossession period is seven years long are a thing of the past, so it is important to make every effort to make sure that the car you co-signed for isn’t repossessing. Based on your relationship with the principal borrower, you may be able work out a deal. You could try to demand that they hand over the ownership of the vehicle while you make the remaining payments. After the car has been completely paid for you may be able to trade it in and get some of your money. You could try to sue the principal borrower to recover some damages, but if they failed to make payments due the lender and then it’s unlikely that they will pay you. If you do get a judgement against them, you’d have to be able to apply it. It’s much better to not allow it to get to that point. The bottom line: Co-signing an loan is a risky thing to do, and it puts your credit in danger. Before you co-sign for the auto loan or any other kind of loan think about what you will do if the primary borrower defaults. Instead of co-signing, might look into working with them find alternatives that don’t require a cosigner. If you’ve co-signed for an loan and the borrower isn’t making payments there are a number of options. It is crucial to realize that you do not have the authority to seize the vehicle on your own. Instead, you’ll have to negotiate a deal with the principal borrower or continue to pay the loan towards the lender. Learn more:

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Written by Points and Miles Expert Contributor Dan Miller is a former contributor to Bankrate. Dan wrote about loans, home equity and the management of debt in his writing. The edit was done by Rashawn Mitchner. Edited by Associate loans Editor Rashawn Mitchner who was an editor in the associate department at Bankrate.

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