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What happens to co-signers when a car is repossessed? Advertiser Disclosure Advertiser Disclosure We are an independent, advertising-supported comparison service. Our goal is to help you make smarter financial decisions by offering interactive financial calculators and tools that provide objective and original content. We also allow you to conduct research and compare data for free to help you make financial decisions with confidence. Bankrate has agreements with issuers, including but not limited to American Express, Bank of America, Capital One, Chase, Citi and Discover. How We Earn Money The offers that appear on this site are from companies that pay us. This compensation could affect how and where products appear on this website, for example such things as the sequence in which they appear within the listing categories in the event that they are not permitted by law. Our loans, mortgages,, and other home loan products. However, this compensation will affect the information we publish, or the reviews that appear on this website. We do not cover the vast array of companies or financial offerings that might be accessible 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 contributor to Bankrate. Dan was a frequent contributor to loans as well as home equity, and managing debts in his writing. Written by Rashawn Mitchner. Edited by Associate loans editor Rashawn Mitchner who was an associate editor at Bankrate. The Bankrate promises
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We make sure that everything we publish is objective, accurate and trustworthy. Our loans reporter and editor are focused on the areas that consumers are concerned about the most -- the various types of loans available and the most competitive rates, the top lenders, ways to pay off debt and more . This means you can feel confident when making a decision about your investment. Editorial integrity
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If you have questions about money. Bankrate has the answers. Our experts have been helping you master your money for more than four years. We continually strive to give consumers the professional guidance and the tools necessary to succeed throughout life's financial journey. Bankrate adheres to strict standards , so you can trust that our information is trustworthy and accurate. Our award-winning editors, reporters and editors provide honest and trustworthy content to help you make the right financial decisions. The content we create by our editorial team is factual, accurate, and not influenced by our advertisers. We're transparent regarding how we're in a position to provide quality content, competitive rates, and practical tools for our customers by revealing how we earn money. Bankrate.com is an independent, advertising-supported publisher and comparison service. We receive compensation for placement of sponsored products and services, or when you click on certain links posted on our website. Therefore, this compensation may impact how, where and in what order items are displayed within the categories of listing and categories, unless it is prohibited by law 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 a product is offered in your area or at your own personal credit score can also impact how and where products appear on this website. Although we try to offer an array of offers, Bankrate does not include the details of each credit or financial products or services. Co-signing an auto loan for the benefit of a loved one or friend is a serious financial choice. It implies that you're legally responsible for making the loan payments if the individual you're co-signing for fails to make the payments. In addition to placing your cash at risk by co-signing an auto loan and putting at risk your credit. If the loan is in default, or the vehicle is eventually seized the credit of your client will be affected, even if you've had an extensive history of paying all of your bills punctually. 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 have ownership of the car. The lender keeps the title for the vehicle until you fulfill your obligations and repay the loan. As part of the papers that you signed as you drove off with the car, you agreed to give your lender permission to repossess your car if you stop paying the loan. Lenders generally only repossess a car as a last resort when you've stopped making payments and they think there's little to no chance you'll resume payments. Most lenders would prefer receiving payments rather than going with the stress of taking the vehicle back. If a lender decides to repossess your car, it's generally not required to give you any sort of notice. The lender might send a chauffeur to drive the car away, or it may hire the tow-truck. If your vehicle has a remote start, the lender might also block your capability to start the vehicle. Although laws differ by state the state, the general rule is that a lender is usually allowed to access private property to take possession of the car. But, it's not allowed to break into a garage or otherwise damage your property. Is it possible for a co-signer to repossess a car? It's crucial to understand that trying to resolve the default on an loan yourself, aka "taking matters in your own hands" is not considered to be a legitimate alternative to legal action in all states. It is a court law to avoid the kind of physical confrontations that can occur when you attempt to repossess the car of a friend, therefore let the dealer or bank repossess it. The credit score of a co-signer is affected by repossession co-signing means that you are legally accountable for the loan. In co-signing the loan you have agreed with the lender that you'd make sure the payments got completed even if the primary borrower did not pay the payments. So, late payments or repossession will show up upon your credit file, too. Liabilities as a co-signer As the co-signer of the vehicle you're the one in the position of being responsible for this debt until it is completely paid. Your credit score, cash reserves, and the relationship you have with the co-signer you have a problem with are in danger. If the situation is not good the three things could suffer. Here are some reasons why you should be extremely cautious when agreeing to co-sign. About who and what you sign to. It is a good idea to only co-sign for individuals that are close friends or relatives that you can trust. Ideally, these are who are financially stable. To help protect yourself in these situations, you could even consider establishing a separate contract between yourself and the principal borrower. This contract would outline your expectations and the respective obligations. Once this document is executed by both parties, get it notarized. Rights as a co-signer As a co-signer, you are legally responsible for the debt but not you . You do not have a legal right to the ownership of the car or any other asset. If the principal borrower is in arrears with their car payments and you think you have the right to repossess the car yourself, but you do not. One way to protect yourself when co-signing for a loan is to make sure you are one payment ahead. Contact the lender and find out what amount is due (if any) and pay it and then make one additional payment. In the event that the co-signer makes a second late payment the late payment will still count toward the balance without hurting your credit. It is just a matter of staying in contact with the lender and make sure you are one month ahead. Another option is to request to be taken off of the loan. The primary borrower has to agree to the cosigner release, in addition, the lender will only grant approval when the primary borrower proves that they are able to repay the loan by themselves. Building credit after repossession Having the repossession appear on your credit report will cause your credit score to fall and will affect the ability to qualify for different types of loans. The repossession period is seven years long, so you want to take every step to ensure that the vehicle you co-signed for isn't repossessed. Based on your relationship with the primary borrower you may be able negotiate a deal. You could ask that they hand over the ownership of the vehicle in exchange for the rest of your payments. When the car is completely paid for you may be able to sell it and recoup some of your cash. You might try to sue the primary borrower to recover some damages If they failed to make payments due the lender and then it's unlikely that they will pay you. 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 reach this point. The bottom line is that co-signing the loan is a risky option, and it puts your credit on the line. Before co-signing the auto loan or any other kind of loan, consider what you'll do if the borrower who is your primary lender defaults. Instead of co-signing, you could think about working with them look for alternatives that don't require a co-signer. If you've co-signed for the loan and the primary borrower is behind on payments there are a number of alternatives. It is crucial to realize that you do not have the power to take possession of the vehicle on your own. Instead, you'll need to negotiate a deal with the primary borrower or continue to pay the loan for the lender. Learn more:
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Authored by Points and Miles Expert Contributor Dan Miller is a former contributing writer for Bankrate. Dan covered loans, home equity , and debt management in his writing. Written by Rashawn Mitchner Edited by Associate loans editor Rashawn Mitchner, who was formerly an assistant editor at Bankrate.
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