lenders do not remove co signers from loans. The debt has to be retired. This can be done by paying it off directly or refinancing the loan.
Yes, you can sue her for the money; however it isn't going to help your credit or get you off the loan though. You would need to pay off the loan yourself as you are fully responsible to the lender by co-signing. Afterwards you could then go after your ex for the money you paid on their behalf for their vehicle.
You will have to sue the person for the debt. Whenyou co-sign a loan you agree to be liable to the lender in case the borrower does not pay. BUT you have no control over the situation. When the borrower does not pay you have to, and then you have to sue the borrower to get a judgment to try to get your money back.
The bottom line
If your circumstances have shifted and you need to get your name off a car loan, you can get a release, refinance, sell the vehicle or pay off the car loan. To avoid any future headaches, check with the other borrower to ensure you are fully removed from the co-signed or co-borrowed auto loan.
If the borrower does not repay the loan, you may be forced to repay the whole amount of the loan, plus interest and any late fees that have accrued. With most cosigned loans, the lender is not required to pursue the main borrower first, but can request payment from the cosigner any time there is a missed payment.
But if your circumstances change over time or your credit score improves and you would like to remove the co-signer from your loan, there are three primary options. You can refinance, get a co-signer release or pay off the loan.
Yes, as the owner you can have the car towed and then pick it up from the tow yard. You could also sue the other person for breach of contract if they were supposed to pay you for the vehicle. You can ask the court to award you the money they owe you or to force them to return the car to you.
To get your name off of someone's car loan you have the option to request a co-signer release. Selling or trading in the vehicle is another way to remove a co-signer from a car loan. If these aren't options, you can ask them to refinance the loan without you.
So, if the primary borrower is unable to pay as agreed, the co-signer may have to pay the full amount of what's owed. Second, a co-signed loan will appear on the co-signer's credit reports. The co-signer's credit scores may be positively or negatively impacted by the borrower's credit behavior.
Your best option to get your name off a large cosigned loan is to have the person who's using the money refinance the loan without your name on the new loan. Another option is to help the borrower improve their credit history. You can ask the person using the money to make extra payments to pay off the loan faster.
Being a cosigner does not give you rights to the property. A cosigner has no title or ownership in the property secured for the loan. Additionally, a cosigner has no legal right to occupy a home as a primary or secondary residence, unlike the primary signer/borrower.
Removing a cosigner or co-borrower from a mortgage almost always requires paying off the loan in full or refinancing by getting a new loan in your own name. Under rare circumstances, though, the lender may allow you to take over an existing mortgage from your other signer.
Each lender has its own criteria and process for removing cosigners, and some don't even allow it. So the best place to start is to contact your lender to find out your options. They may include: Co-signer release: An agreement to release the cosigner's liability after a certain number of payments are made.
A cosigner can be sued for a car accident, but only in certain situations. Most of the time, the driver who caused an accident, and not the cosigner, can be sued. In some states, however, there are exceptions that hold the cosigner liable even if they were not involved in the accident.
While you can often use one loan to pay off another, be sure to read the fine print of your contract first and be wise about your spending habits.
Request release from a co-signed loan
Co-signers can make a written request to the lender to be released from a loan. In certain cases, like some student loans, there may be a provision that allows a co-signer to take their name off a loan.
You can take your name off a mortgage without refinancing your loan by selling the home, having the new owner take on a loan assumption, asking your current lender to modify the loan, or filing bankruptcy. You can also pay off the entire mortgage if you and your co-owner have the means.
However, in certain legal circumstances, the cosigner may face jail time. For example, in a case where the co-signer helped to facilitate the defendant's flight, provided false contact information, or in any way assisted the defendant in evading prosecution.
Defaulting on a loan is not a crime. Lenders don't have legal jurisdiction to arrest you for an overdue balance. However, defaulting on a loan will have serious financial implications. It can result in the lender seizing your property as collateral, if applicable.
You can often remove a cosigner at any point during the loan period. Your loan paperwork might dictate specific terms, though. For example, some lenders require 24 months of on-time payments from the primary borrower before they'll consider releasing the cosigner.