A car repossession can significantly damage your credit score, potentially causing a drop of up to 100 points or more depending on your overall credit history. It remains on your credit report for up to seven years, impacting your ability to secure favorable financing terms in the future.
You can pay what is owed (but doubt you want to), or just work on credit repair by paying your other obligations in timely fashion and trying to establish new credit that you will also pay timely as agreed. you cannot remove the repo from your credit because it DID happen and having a co-signer doesn't change this.
If your lender can't locate your vehicle to do a "self-help" repossession, they can still sue you for the vehicle. This will involve a small claims case, where the judge will order you to give the car to the lender. You might even be compelled to Court to provide testimony about the location of the vehicle.
It's important to keep in mind that the repo man will likely not give up on repossessing your car. We're talking about a trained professional whose livelihood depends on getting their hands on your vehicle. So they are not going to be easy to avoid.
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).
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.
While you don't necessarily have the same rights to the vehicle as the primary borrower, you – as the co-signer – are equally responsible for ensuring the loan is paid back. If the primary borrower doesn't make their monthly loan payment, you will be asked to make the payment.
But most states allow cosigners to take primary borrowers to court in the following situations: Cross claims: If you default on or fail to repay the loan, the lender could sue the cosigner for the money owed. The cosigner may then be able to sue you for the money that the lender is trying to recover.
“Repossession is bad for both the borrower and the cosigner because both credit scores will take a hit. Late payments, loan defaults, loans sent to collections and court judgments can all be noted on the primary borrower reports and the cosigner's reports,” says Howard Dvorkin, CPA and Chairman at Debt.com.
The answer to this question may vary depending on the specific laws and regulations of your jurisdiction. However, in general, repo agents are typically prohibited from repossessing a vehicle with occupants inside due to safety concerns and potential legal ramifications.
Another option is to give up the vehicle to the lender voluntarily rather than going through the repossession process. The lender may find this option appealing because it avoids the costs of repossession, and it may agree to reduce or eliminate the deficiency balance on the loan.
While neither scenario is good, in most cases, a charge off is better than a repossession. When a car is repossessed, the lender not only gets to keep the money you've already paid, they take your vehicle and you will still owe the deficiency balance after the vehicle is sold.
Two or three consecutive missed payments can lead to repossession, which damages your credit score. And some lenders have adopted technology to remotely disable cars after even one missed payment. You have options to handle a missed payment, and your lender will likely work with you to find a solution.
Voluntary car repossession is only a slightly better option than involuntary repossession. You may be a bit more prepared and have some control over when you surrender your car if it's voluntary. Avoiding some of the extra fees that can come with involuntary repossession can be helpful, too.
Usually, when you cosign a car loan, you agree to be responsible for the debt if the primary debtor doesn't make payments or otherwise defaults on the loan. If the primary debtor defaults on the loan, then the creditor has the right to repossess the car and sell it.
Cosigning a loan doesn't give you any title, ownership, or other rights to the property the loan is paying for. Your only role is to repay the loan if the main borrower falls behind on the payments or defaults.
Removing a Cosigner from Your Auto Loan
If you're wondering “how to remove a cosigner from a car loan,” it is possible to do so. Contact your lender to discuss options. They will only agree if your credit history has improved to the point where you're not a risk to them.
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.
A co-signer doesn't need to stay on the loan for the life of it, either. After making the required principal and interest payments, you can apply to release them and manage repayment on your own.
Fortunately, you can have your name removed, but you will have to take the appropriate steps depending on the cosigned loan type. Basically, you have two options: You can enable the main borrower to assume total control of the debt or you can get rid of the debt entirely.
If your car has a tracker, repo agents can pinpoint its exact location at any time, which makes repossession faster and easier for them. License plate scanners are another tool repo agents use. These devices quickly scan license plates while cars drive through neighborhoods, parking lots, or other public spaces.
You cannot be arrested for not paying your car loan. It is not a crime to default on a loan.
No, a repossession agent may not do that. But, if the repossession company can't access your car because it is hidden, blocked, or locked up, your lender goes to court to get a replevin. Replevin is a court order compelling the collection of the vehicle. Repossession and replevin are different processes.