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What happens to a cosigner when a car is taken away? Advertiser Disclosure Advertiser Disclosure We are an independent, advertising-supported comparison service. Our goal is to help you make better financial decisions by offering interactive financial calculators and tools, publishing original and objective content, by enabling users to conduct studies and compare data for free and 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 Make Money The deals that are displayed on this website are provided by companies who pay us. This compensation can affect the way and when products are featured on this site, including, for example, the sequence in which they be listed within the categories of listing, except where prohibited by law. This applies to our loans, mortgages,, and other products for home loans. However, this compensation will affect the information we publish, or the reviews that you see on this site. We do not contain the universe of companies or financial offerings that might be open 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 work. Edited by Rashawn Mitchner Edited by Associate loans Editor Rashawn Mitchner, who was a former associate editor at Bankrate. The Bankrate guarantee

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There are money-related questions. Bankrate has answers. Our experts have helped you understand your money for over four decades. We strive to continuously give consumers the professional guidance and the tools necessary to be successful throughout their financial journey. Bankrate adheres to strict standards , so you can trust that our content is honest and accurate. Our award-winning editors, reporters and editors create honest and accurate information to assist you in making the best financial decisions. Our content produced by our editorial staff is factual, objective, and not influenced by our advertisers. We’re transparent about how we are in a position to provide quality content, competitive rates and helpful tools to our customers by revealing how we make money. Bankrate.com is an independent, advertising-supported publisher and comparison service. We receive compensation for the placement of sponsored products and, services, or when you click on specific links on our website. This compensation could impact how, where and when products appear within listing categories in the event that they are not permitted by law. This is the case for our mortgage, home equity and other home loan products. Other factors, like our own website rules and whether a product is offered in the area you reside in or is within your own personal credit score can also impact how and where products appear on this website. We strive to provide an array of offers, Bankrate does not include information about each credit or financial item or product. Co-signing an auto loan for someone you love is a serious financial choice. It implies that you’re legally responsible for loan payments if the individual you’re co-signing for fails to do so. In addition to placing your money at risk when you co-sign an auto loan and putting at risk your credit. If the loan ends up in default, or the vehicle is eventually seized, your credit will be damaged, even if you have long-standing history of paying all of your obligations in time. How auto repossession works When you sign a lease or borrow money for the purchase of a vehicle but you don’t 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 left with your car, you agreed to give your lender the right to repossess your car if you stop making payments. Lenders generally only repossess the vehicle as a last resort when you’ve stopped making payments and they believe there’s a slim to no chance you’ll be able to resume your payments. Most lenders would prefer receiving payments rather than going to the trouble of having to take the car back. If a lender does decide to take possession of the car, it’s usually not required to give you any notice. The lender might send a chauffeur to drive the car away or may employ a tow truck. If your vehicle has a remote start it is possible that the lender might also block your capability to start the vehicle. The laws in each state are different, the general rule is that a lender is typically allowed to access private property to seize the car. However, it’s generally prohibited to break into a garage or otherwise damage the property. Can a co-signer repossess the car? It’s crucial to understand that trying to resolve the default on the loan yourself, also known as “taking matters in your own hands” is not considered to be a legitimate substitute for legal action in the majority of states. It is a court rule to discourage the kind of physical confrontations that can occur when you attempt to repossess the car of a friend, therefore allow the dealership or bank seize the car. The credit score of a co-signer is affected by repossession Being co-signing a loan is legally responsible for the loan. By co-signing the loan you have agreed with the lender that you’d ensure that payments were paid even if the original borrower failed to make them. This means that reposession or late payments will appear on your credit report, too. If you are the co-signer of the vehicle you’re responsible for this obligation until it is completely paid. The credit rating of your, available cash , and the relationship you have with the co-signer you have a problem with are in jeopardy. If the situation is not good the three factors could be affected. These are a few reasons why you should be very cautious when deciding to be a co-signer. about who and what you are co-signing to. It is a good idea to only co-sign for individuals who are close friends or relatives you can trust. In the ideal scenario, they are financially stable. To help protect yourself in such situations, you might be thinking about creating an individual contract between you and the principal borrower. This document will outline your expectations and each person’s obligations. When the contract is signed by both parties, make sure it is notarized. Rights as a cosigner the co-signer, you’re legally accountable for the debt, but you are not legally responsible for the debt . You do not have a legal right to the ownership of the vehicle or other property. If the principal borrower is in arrears with their car payments and you think you are entitled to take possession of the vehicle yourself however, you don’t. One way to safeguard yourself while co-signing a loan is to keep one payment in advance. Contact the lender and find out what amount is delinquent (if there is any) and pay it, and then make one additional payment. If your co-signer is late on another payment the late payment are still counted towards the balance and not affect your credit score. It is just a matter of staying in touch with the lender and stay 1 month in advance. The other option is to ask to be taken off of the loan. The principal borrower must sign a cosigner release, in addition, the lender will only approve if the primary borrower shows that they are able to pay for the loan independently. Building credit following repossession an unpaid repossession on your credit report can result in your credit score to drop and have a negative impact on your eligibility to obtain other kinds of loans. Repossessions last for seven years are a thing of the past, so it is important to do everything you can to make sure that the car you co-signed for doesn’t end up being taken away. Based on your relationship with the principal borrower, you may be able to work out a deal. You can try to request that they hand over ownership of the car as you continue to make payments. Once the car is completely paid for you may be able to sell it and recoup some of the money. You might try to sue the borrower who was your primary lender to seek compensation for damages If they failed to make payments due the lender, then it is unlikely that they will pay you. If you do get a judgment against them, you’ll need to be able to apply it. It’s better not to let it get to this point. The bottom line is that co-signing the loan is a risky option and puts your credit in danger. Before co-signing the auto loan or any other kind of loan think about what you’ll do if the borrower who is your primary lender defaults. Instead of co-signing, may think about working with them look for alternatives that don’t require a cosigner. If you’ve co-signed a loan and the principal borrower isn’t making payments There are several alternatives. It is crucial to realize that you do not have the authority to seize the vehicle yourself. Instead, you’ll need to work out a solution with the borrower who is the primary lender or continue to pay the loan towards the lender. Find out more about:

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Authored by Points and Miles Expert Contributor Dan Miller is a former contributor to Bankrate. Dan was a frequent contributor to Bankrate’s coverage of loans, home equity and debt management in his work. The edit was done by Rashawn Mitchner. Edited and written by associate loans editor Rashawn Mitchner, who was formerly an associate editor at Bankrate.

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