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What happens to a cosigner 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 providing you with interactive tools and financial calculators, publishing original and objective content. We also allow users to conduct research and compare information for free and help you make financial decisions with confidence. Bankrate has partnerships with issuers, including but not limited to, American Express, Bank of America, Capital One, Chase, Citi and Discover. How We Make Money The deals that are displayed on this website are provided by companies who pay us. This compensation could affect how and when products are featured on the site, such as such things as the order in which they may appear in the listing categories and other categories, unless prohibited by law for our mortgage, home equity, and other products for home loans. But this compensation does have no impact on the content we publish or the reviews you read on this site. We do not cover the vast array of companies or financial deals that could be available to you. SHARE: prostooleh/Getty Images
4 min read. Published September 30 2022
Written by Dan Miller Written by Points and Miles Expert Contributor Dan Miller is a former contributing writer for Bankrate. Dan covered loans as well as home equity, and debt management in his writing. Written by Rashawn Mitchner. Edited and written by the associate loans Editor Rashawn Mitchner is a former associate editor at Bankrate. The Bankrate promises
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We make sure that everything we publish is objective, accurate and trustworthy. We have loans reporters and editors are focused on the points consumers care about the most -- different kinds of loans available, the best rates, the most reliable lenders, the best ways to pay off debt , and more -- so you're able to be confident about investing your money. Integrity in editing
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If you have questions about money. Bankrate has answers. Our experts have been helping you master your money for more than four decades. We continually strive to give our customers the right advice and tools needed to make it through life's financial journey. Bankrate adheres to a strict code of conduct , so you can trust that our information is trustworthy and precise. Our award-winning editors and journalists provide honest and trustworthy content to help you make the right financial decisions. The content created by our editorial team is objective, factual and is not influenced by our advertisers. We're honest about the ways we're capable of bringing high-quality content, competitive rates and useful tools to our customers by revealing how we make money. Bankrate.com is an independent, advertising-supported publisher and comparison service. We are compensated for placement of sponsored products and, services, or through you clicking specific links on our website. So, this compensation can influence the manner, place and in what order products appear within listing categories, except where prohibited by law. We also offer mortgage, home equity and other home lending products. Other factors, such as our own rules for our website and whether or not a product is offered in the area you reside in or is within your own personal credit score could also affect the manner in which products appear on this site. While we strive to provide the most diverse selection of products, Bankrate does not include details about every credit or financial products or services. Co-signing an auto loan for the benefit of a loved one or friend is a major financial decision. It implies that you're legally accountable for the loan payments in the event that the person whom you're cosigning for does not do so. As well as placing your cash on the line when cosigning an auto loan, you're also risking your credit. If the loan is in default, or the vehicle is ultimately repossessed the credit of your client will be affected, even if you've had long-standing history of paying all of your charges in time. What happens when you have auto repossession When the lease is signed agreement or borrow money for the purchase of a vehicle however, you do not actually own the vehicle. The lender keeps the title for the vehicle until you fulfill your obligations and repay the loan. As part of the documents you signed when you left with the car, you gave to the lender an option to repossess your vehicle if you stop paying the loan. Lenders generally only repossess the vehicle as a last resort in the event that you have stopped making payments and they think there's little chances that you'll ever return to payments. Many lenders would rather receive payment instead of having to go with the stress of bringing the vehicle back. If a lender does decide to repossess your car, it's generally not required to provide you with any sort of notice. The lender may send a driver to take the car away, or it may hire an tow vehicle. If your car has remote start, the lender may also disable your ability to start the car. While laws vary by state however, it is generally the case that a lender is generally allowed to access private property to seize the vehicle. However, it's generally not allowed to break into the garage or cause damage to the property. Is it possible for a co-signer to repossess the car? It's important to be aware that trying to resolve any defaults on an loan yourself, aka "taking matters in your own hands" is not considered a acceptable alternative to legal action in all states. It is a court rule to discourage the kind of physical conflict that could occur when you attempt to repossess the car of a friend, therefore you should let the lender or bank take the vehicle. The credit score of a co-signer is affected by repossession Being a co-signer means that you are legally accountable for the debt. By co-signing the loan you have agreed with the lender that you'd ensure that payments were made even if the primary borrower didn't make the payments. This means that late payments or repossession will show up in your credit reports too. Co-signer's liability: As the co-signer on the car you're the one in the position of being responsible for this debt until it's fully paid. Your credit score, your available cash , and your relationship with your delinquent co-signer are in jeopardy. If things go poorly the three issues could be affected. These are a few reasons to be very cautious when deciding to co-sign. About who and what you sign to. It is a good idea to co-sign only for people who are close friends or relatives that you are confident. It is ideal to choose those who are financially stable. To help protect yourself in such situations, you might think about establishing an individual contract between you and the primary borrower. The contract should set out your expectations and define each person's obligations. After the document has been executed by both parties, get it notarized. Rights as a cosigner a co-signer, you are legally responsible for the debt but not you do not have any legal rights to the debt . You do not have a legal right to the ownership of the car or any other asset. If the primary borrower falls in arrears with their car payments and you think you are entitled to repossess the car yourself however, you don't. One way to safeguard yourself while co-signing the loan is to stay one payment in advance. You can call the lender to find out the amount is due (if any) and pay it, and then make a second payment. In the event that your co-signer is late on another payment any late payments will still count toward the balance without hurting your credit. Just keep contact to the lender and make sure you are at least one month behind. A different option would be to ask to be removed from the loan. The principal borrower must agree to the cosigner release and it is the lender will only approve in the event that the primary borrower can prove that they are able to pay for the loan independently. Credit repair after repossession an unpaid repossession on your credit file will make your credit score fall and will negatively impact the ability to qualify for different types of loans. The repossession period is seven years long and you should take every step to ensure that the car you co-signed for doesn't get taken away. Based on your relationship with the principal borrower, you may be able to come to a settlement. You could try to demand that they turn over ownership of the car while you make the remaining payments. When the car is fully paid you can sell it and recoup some of the money. You might try to sue the primary borrower to get some compensation, but if they failed to pay the lender and then it's likely that they won't pay. If you do get an order against them, you'll need to know how to make it effective. It's better not to let it get to the point of being able to enforce it. The bottom line is that co-signing a loan is a very risky option as it puts your credit on the line. If you are considering co-signing for the auto loan or other type of loan take into consideration what you will do if the primary borrower fails to pay. Instead of co-signing, you might consider working with them to find alternatives that don't require a co-signer. If you've co-signed for a loan and the principal borrower is behind on payments, you have a few alternatives. It is crucial to realize that you don't have the power to take possession of the vehicle yourself. Instead, you'll need to either work something out with the primary borrower or continue making the payments for the lender. Learn more:
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The article was written by Points and Miles Expert Contributor Dan Miller is a former contributing writer for Bankrate. Dan was a frequent contributor to Bankrate's coverage of loans, home equity and debt management in his writing. The edit was done by Rashawn Mitchner. Edited and written by associate loans Editor Rashawn Mitchner, who was formerly an editor in the associate department at Bankrate.
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