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What happens to co-signers in the event of a vehicle being 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, by enabling users to conduct studies and compare information for free 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 when products are featured on the site, such as for instance, the order in which they may appear within the listing categories in the event that they are not permitted by law. This applies to our loan products, such as mortgages and home equity and other home lending products. This compensation, however, does affect the information we provide, or the reviews you see on this site. We do not include 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 contributing writer for Bankrate. Dan wrote about loans as well as home equity and managing debts in his writing. The article was edited by Rashawn Mitchner Edited by the associate loans editor Rashawn Mitchner, who was a former editor in charge at Bankrate. The Bankrate promises
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They ensure that what we write will ensure that our content is reliable, honest and trustworthy. We have loans reporters and editors focus on the things that consumers care about most -- the different types of lending options, the best rates, the top lenders, how to pay off debt and more -- so you'll be able to feel secure when making your decision to invest your money. Integrity of the editing
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You have money questions. Bankrate has answers. Our experts have been helping you manage your finances for more than four decades. We continually strive to give consumers the professional guidance and tools required to succeed throughout life's financial journey. Bankrate follows a strict policy, which means you can be confident that our information is trustworthy and reliable. Our award-winning editors, reporters and editors produce honest and reliable content that will help you make the right financial choices. The content created by our editorial team is factual, objective, and not influenced from our advertising. We're transparent about the ways we're capable of bringing high-quality information, competitive rates and helpful tools to our customers by revealing how we earn money. Bankrate.com is an independent, advertising-supported publisher and comparison service. We receive compensation for the promotion of sponsored goods and services or when you click on certain hyperlinks on our site. This compensation could affect the way, location and in what order items are displayed within the categories of listing in the event that they are not permitted by law. This is the case for our mortgage, home equity and other home lending products. Other factors, such as our own website rules and whether or not a product is offered in your area or at your self-selected credit score range could also affect the way and place products are listed on this site. We strive to provide an array of offers, Bankrate does not include the details of every financial or credit products or services. Co-signing a car loan for a friend or loved one is a serious financial choice. It means you are legally accountable for the loan payments in the event that the person who you co-sign for fails to pay the loan. Along with placing your cash at risk when you co-sign an auto loan as well, you're also putting at risk your credit. If the loan is in default or your car 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 punctually. How auto repossession works When the lease is signed or borrow money for the purchase of a vehicle but you don't have ownership of the car. The lender keeps the title for the car until you have fulfilled your obligations and repay the loan. As part of the papers you signed when you drove off in the vehicle, you granted the lender permission to repossess the car if you cease making payments. The lender will typically only take possession of the vehicle as a last resort when you've stopped making payments and they think there's little chance that you'll be able to resume payments. Many lenders would rather receive the money instead of going to the trouble of taking the car back. If the lender decides to repossess the car, it's usually not required to provide you with any notice. The lender may send a driver to take the car away or may employ an tow vehicle. If your vehicle is equipped with remote start, the lender may also disable your ability to start the car. Although laws differ by state however, a lender is generally permitted to enter private property to repossess the vehicle. However, it's usually not allowed to break into a garage or otherwise damage your property. Is it possible for a co-signer to repossess the car? It's important to be aware that making efforts to cure the default on an loan yourself, or "taking matters to yourself," is not considered a acceptable alternative to legal action in the majority of states. It is a court rule to prevent the type of physical conflict that could occur in the event that you try to seize your friend's car, so let the dealer or bank repossess the vehicle. The credit score of a co-signer is affected by repossession Being co-signing means that you are legally accountable for the loan. In co-signing the loan and committing to the lender that you'd make sure the payments got paid even if the original borrower did not pay the payments. So, the late payment or repossession could show up on your credit report as well. Co-signer's liability: As the co-signer on the car you're the one responsible for the obligation until it is paid in full. Your credit score, your available cash and your relationship with your delinquent co-signer are at risk. If things go poorly the three things could suffer. Here are some reasons that you should be extremely cautious when agreeing to be a co-signer. About who and what you sign to. It is a good idea to only sign for those who are close to you or relatives that you trust. Ideally, these are who are financially stable. To safeguard yourself in such situations, you might even consider establishing an independent contract between you and the primary borrower. The contract should define your expectations as well as each person's obligations. Once this document is agreed to by both parties get it notarized. Rights as a co-signer As a co-signer, you are legally responsible for the debt, but you . You do not have a legal right to own the car or any other asset. If the principal borrower is behind on their car payment You might think you are entitled to seize the car on your own however, you don't. One way to ensure your safety when co-signing for a loan is to keep one payment ahead. Contact the lender to find out the amount is due (if any) and pay it and then make one additional payment. Then, even if the co-signer makes a second late payment any late payments can still be counted toward the balance without hurting your credit score. It is just a matter of staying in contact to the lender and stay one month ahead. Another option is to ask to be removed from the loan. The borrower who is the primary one must agree to the cosigner release as well as they must also agree to the release of the cosigner. The lender will only approve when the primary borrower proves that they can pay the loan on their own. Building credit following repossession an unpaid repossession on your credit file will make your credit score fall and will negatively impact the ability to qualify for other types of loans. Repossessions for seven years are a thing of the past, so it is important to make every effort to ensure that the vehicle you signed for isn't repossessed. Based on the relationship you have with the principal borrower, you might be able to negotiate a deal. You could try to demand that they turn over the ownership of the vehicle while you make the remaining payments. Once the car is completely paid for, you could trade it in and get some of your money. You may want to sue the borrower who was your primary lender to get some compensation If they failed in their obligation to repay the lender, then it is likely that they won't pay. Even if you get a judgement against them, you'd need to be able to apply it. It's much better to not let it reach that point. The bottom line Co-signing for the loan is a very risky thing to do and puts your credit at risk. Before co-signing an auto loan or any other kind of loan think about what you'll do if the borrower who is your primary lender defaults. Rather than co-signing, you might look into working with them look for alternatives that don't require a cosigner. If you've co-signed the loan and the principal borrower is in arrears with payments, you have a few alternatives. It is crucial to realize that you do not have the authority to seize the car yourself. Instead, you'll have to negotiate a deal with the principal 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 contributor to Bankrate. Dan was a frequent contributor to Bankrate's coverage of 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 formerly an associate editor at Bankrate.
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