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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 mission is to help you make better financial choices by offering interactive tools and financial calculators that provide objective and original content, by enabling you to conduct research and compare information at no cost to help you make informed financial decisions. 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 come from companies that pay us. This compensation can affect the way and where products appear on this site, including such things as the order in which they appear within the listing categories, except where prohibited by law. Our loan products, such as mortgages and home equity, and other home loan products. This compensation, however, does have no impact on the content we publish or the reviews you see on this site. We do not include the universe of companies or financial offerings that might be available 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. The article was edited by Rashawn Mitchner. Edited by the associate loans Editor Rashawn Mitchner is a former editor in charge at Bankrate. The Bankrate promise
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There are money-related questions. Bankrate can help. Our experts have been helping you manage your money for over four decades. We strive to continuously give consumers the professional guidance and tools required to succeed throughout life's financial journey. Bankrate adheres to a strict code of conduct , so you can trust that our content is truthful and accurate. Our award-winning editors, reporters and editors produce honest and reliable content to help you make the right financial choices. The content we create by our editorial team is factual, accurate, and not influenced by our advertisers. We're honest about how we are able to bring quality content, competitive rates, and helpful tools to you , by describing 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 through you clicking certain hyperlinks on our website. Therefore, this compensation may affect the way, location and in what order items appear within listing categories and categories, unless it is prohibited by law. This is the case for our mortgage, home equity and other home loan products. Other factors, like our own rules for our website and whether or not a product is available within your region or within your own personal credit score could also affect the way and place products are listed on this site. We strive to provide a wide range offers, Bankrate does not include the details of every financial or credit product or service. 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 loan payments in the event that the person who you co-sign for fails to pay the loan. Along with placing your money 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, your credit will be damaged--even if you have an extensive track record of paying all your charges punctually. How auto repossession works When you contract a lease or take out a loan for the purchase of a vehicle but you don't own the car. The lender retains the title of the car until you meet your obligations and pay off the loan. As part of the papers that you signed as you left with the car, you agreed to give the lender an option to repossess your vehicle if you stop making payments. The lender will typically only take possession of cars as a last resort, in the event that you have stopped making payments and they believe there's a slim to no chance you'll return to payments. Most lenders would prefer receiving payments rather than going with the stress of taking the car back. If the lender does decide to repossess your car, it's generally not required to issue any notice. The lender could send a driver to drive the car away or may employ a tow truck. If your car has remote start, the lender could also block your ability to start the car. While laws vary by state, the general rule is that a lender is usually allowed to access private property to repossess a car. However, it's generally not allowed to break into the garage or cause damage to your property. Is it possible for a co-signer to repossess the car? It's crucial to understand that trying to resolve the default on the loan yourself, or "taking things in your own hands" is not considered a acceptable alternative to legal action in the majority of states. Courts have this law to discourage the kind of physical conflict that could occur when you try to take possession of the car of a friend, therefore let the dealer or bank seize the vehicle. How a co-signer's credit will be affected by repossession co-signing means that you are legally accountable for the debt. In co-signing the loan and committing to the lender that you'd make sure the payments got made even if the primary borrower failed to pay the payments. So, the late payment or repossession could be reported upon your credit file as well. If you are the co-signer on the car you're the one in the position of being responsible for the debt until it's paid in full. Your credit score, cash reserves, and the relationship you have with your co-signer who is in default are in danger. If things go poorly, all three of those issues could be affected. There are several reasons why you should be extremely cautious when agreeing to sign a co-signer. About who and what you are co-signing for. It's a good idea to only co-sign for individuals who are close friends or relatives that you are confident. It is ideal to choose those who are financially stable. To protect yourself from these situations, you could even consider establishing a separate contract between yourself and the principal borrower. The contract should set out your expectations and define each person's obligations. After the document has been executed by both parties, have it notarized. Rights as a cosigner a co-signer, you are legally responsible for the debt, however, it is not legally binding on you . You do not have a legal right to ownership of the car or any other asset. If the borrower who is the primary one falls behind on their car payments, you may think that you are entitled to repossess the car yourself however, you don't. One option you might have to ensure your safety when co-signing for a loan is to make sure you are one payment ahead. Contact the lender and find out what amount is in arrears (if any) and pay it, and then make another payment. In the event that your co-signer is late on another payment any late payments are still counted towards the balance, without affecting your credit score. Just keep in touch to the lender and stay at least one month behind. Another option is to request to be taken off of the loan. The borrower who is the primary one must sign a cosigner release as well as the lender will only grant approval if the primary borrower shows that they are able to repay the loan independently. Credit repair after repossession an unpaid repossession on your credit report will cause your credit score to drop and have a negative impact on the ability to qualify for different types of loans. Repossessions for seven years, so you want to make every effort to ensure that the vehicle you signed for doesn't get repossessing. Based on the relationship you have with the principal borrower, you may be able negotiate a deal. You could ask that they turn over ownership of the car as you continue to make payments. After the car has been fully paid, you could trade it in and get some of your cash. You may want to sue the principal borrower to seek compensation for damages however if they fail to pay the lender in full, it's unlikely they would pay you. Even if you win an order against them, you'd need to know how to make it effective. It's best not to let it get to this point. The bottom line is that co-signing an loan is an incredibly risky decision, and it puts your credit on the line. If you are considering co-signing for an auto loan or any other kind of loan take into consideration what you'll do in the event that the primary borrower defaults. Instead of co-signing, might look into working with them and looking for options which don't require co-signers. If you've co-signed for the loan and the primary borrower is behind on payments There are several options. It's important to know that you do not have the power to take possession of the car yourself. Instead, you'll need to work out a solution with the principal borrower or continue to make payments to the lender. 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The article was written by Points and Miles Expert Contributor Dan Miller is a former contributing writer for Bankrate. Dan covered loans, home equity and managing debts in his work. 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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