Ownership Rights: A crucial difference between a co-signer and a co-borrower relates to the ownership of the vehicle. A co-borrower, also known as a joint applicant, shares equal ownership rights of the car with the primary borrower. They have legal authority to use the vehicle as they please.
Yes. Each of your have a right to keep the vehicle in your posession. However, if you try to get the vehicle from the other owner, you cannot breach the peace to take it, and example: you cannot break into a garage or somethng like that.
Co-Ownership
Each person has an equal claim to the vehicle and can use it as they please.
If you don't pay up, the creditor may sue you to collect the deficiency. A “co-signer” (meaning “co-borrower”) does not have the same right to repossess a vehicle if there is a default on the loan in the same manner the lender does.
Cosigners can't take possession of the vehicle they cosign for or remove the primary borrower from the loan since their name isn't on the vehicle's title.
But if you make it hard for the repo agent to get it, then the creditor may use another method to get the car back, called "replevin." Replevin can be just as costly as a repossession, if not more so. With replevin, the car lender files a lawsuit seeking an order from the court requiring you to give the car back.
1. If the car is jointly owned, then the creditor has the right to foreclose on their lien, which would include a forced sale of the car; 2. This is the case even if your car is jointly owned with your wife.
Yes, as the co-applicant for the auto loan you have have the right to repossess the vehicle.
Miller & Starr, the leading treatise on California real estate, explains that: “As between the cotenants, each has the right to enter on and to occupy the entire property, and no cotenant has the right to exclude another cotenant from any portion of the property.” Right to possession, 4 Cal. Real Est.
Co-buyers can combine incomes, and both of their names appear on the car's title. If one borrower misses a payment, the other is responsible for coming up with it, and both of their credit scores and credit reports are affected. A cosigner, on the other hand, doesn't have any rights to the vehicle.
"Generally, you'll need the cooperation of the primary account holder to remove your name as a co-signer since, in many cases, it requires a new agreement with the lender to do so," says Leslie Tayne, a financial attorney and founder and managing director of New York's Tayne Law Group, which specializes in debt ...
If it only contains the word “and,” both parties need to agree to remove any name from the title. Therefore, you'll need to get consent from the co owner. Ideally, permission should be in writing and include information about the removal and any agreements between the co owners. Additionally, all parties must sign it.
Rights of co-borrowers
All areas of the property are accessible to each individual. Also, each owner decides who receives her share of the property when she dies. So not all owners will receive their share. The other co-owners must consent to the sale of an owner's share.
To release a cosigner from the car title, you'll essentially do a title transfer from both owners to only your name. This step requires a few documents, including the original title signed by the 'sellers,' odometer verification, a valid government-issued ID, and proof of insurance.
You can't sell a car without your co-borrower's permission. They have legal rights to the vehicle, too, and they could take action against you.
Equal rights: The co-borrower has equal rights to the car as the primary borrower. This means the co-owner must be involved in the sale or transfer of the car. Insurance: Even if the co-owner doesn't use the car, they will likely need to be on the insurance policy. This can mean higher costs for both involved.
As an equal partner on the financial agreement, a co-buyer shares the benefits of ownership and the financial accountability. This means that the co-buyer and the primary borrower have the same rights, such as the ability to sell the vehicle or trade it in (though both parties would have to agree to do so).
However, at some point after the fact, you may be wondering, “Can you remove a cosigner from a car loan?” if you find you're in a position where you no longer need the cosigner. The short answer is yes!
So in other words, the law would allow you to repossess the vehicle, but since it's co-owned, you can't keep it from the co-owner. Also, you can't sell it without their consent, so consider one of those options.
Your car is considered personal property, so it may be protected by your state's motor vehicle exemption. This exemption allows you to keep a certain amount of equity in your vehicle safe from creditors. Equity is the difference between your car's current market value and what you still owe on the loan.
Creditors Can Go After Some Jointly Held Assets
In the event an estate does not possess or contain adequate assets to fulfill a valid creditor claim, creditors can look to assets in which heirs might possess interest, if: The assets are joint accounts. The assets are considered community property.
This may result in court assessment of statutory attorney's fees and costs. Vehicle repossession can already have a negative impact on your credit score, and attempting to hide the vehicle may further worsen your credit situation. Lenders have the right to take legal action to recover their collateral (the vehicle).
A repo agent will pursue a vehicle for however long the lender is willing to pay for the services before taking some alternate form of action, such as a replevin.
A repossession agent may be able to seek support from law enforcement during a repossession, but the circumstances under which they involve the police are subject to legal constraints.