You may have to go to court and file a lawsuit to seek a court order for the co-signer's removal. You'll need to provide evidence that the co-signer has not made any payments and that you have been solely responsible for the car payments.
Removing a Cosigner from a Car Loan
Sell the car: If you sell your car to someone else and use the money you get to pay off the rest of the loan in full, you'll release both yourself and the cosigner from your payment obligations.
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.
When the title states “and/or” or “or” in the name field, only one person needs to consent to remove a name. 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.
While only one co-borrower will retain ownership of the home after the other is removed from the mortgage, the departing co-borrower may still have to take additional action to remove their name from the house title and give up their ownership rights.
This means that if the actual owner of the car fails to make payments, the cosigner could end up paying off the loan without having any ownership of the car. Cosigners who are hesitant to make this type of commitment may request that their name be on the title of the vehicle as added protection.
Unlike co-borrowers, who are on the title or have some claim to the property or funds, co-signers have no title or ownership of the property the funds are used for. For example, a co-signer for a vehicle has no legal right to the financed vehicle.
Releasing your co-signer means they are no longer responsible for the repayment of your loans. Some private loans allow you to remove the co-signer from your student loan after you've made a certain number of on-time payments.
You can remove the co-signer by refinancing your auto loan, receiving a co-signer release or paying off the loan. Before removing the co-signer, ensure your credit score is high enough to receive the same or comparable rate if you refinance.
Since you and your co-borrower own the car equally, you're both equally on the hook for the vehicle loan. If you want to sell the car by yourself, you may not be able to – you're likely to need your co-borrower to complete the sale. Both of your names are on the title, which can make selling the vehicle complicated.
This might mean making a lump sum payment or making multiple monthly payments to get your balance to zero. Paying off your auto loan can also save you money in interest, reducing the overall cost of the loan. As soon as the loan is paid off, your cosigner is off the hook.
Being removed as a cosigner from a loan could potentially hurt your credit scores. How much your scores are impacted depends on the details of your credit profile.
Only the primary borrower is allowed to make this change on the loan. Lender approval: There's no guarantee a lender will approve the co-signer release. You will need to prove that you can handle the loan on your own, including having an acceptable credit score and financial resources to maintain repayment.
A co-signer or co-borrower can request a release from a car loan, refinance the loan, pay off the loan or sell the vehicle to remove themselves from the loan agreement. It is important to communicate with the other borrower and come to an agreement on how to handle the loan before taking any action.
What is a Co-Signer? A co-signer applies for the home loan right along with you. However, they are not on the title of the home. The co-signers name is only on the loan, meaning that while they are financially responsible for paying back the mortgage, they do not have ownership of the property.
Quick insights. A co-signer may want to be removed from an auto loan for several reasons. Co-signers cannot remove themselves from a loan or be removed by the primary borrower. A co-signer's obligation is eliminated when the loan is paid off or refinanced without their involvement.
“The most common way to remove someone from a joint mortgage is through refinancing the loan solely in the name of the person who will retain ownership of the property.”
For married couples the rule of thumb is for each spouse to individually own the car they drive. The reason for this is to limit liability in the event of an accident. Liability is assessed on the owner of the vehicle and the person driving at the time of the accident.
Co-signers agree to be held legally responsible for a debt should the primary borrower fall behind on what they owe. A co-signed debt also appears on the co-signer's credit reports and may influence their credit scores as if the debt were their own.
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.
If the person to be removed is alive, then you will need a court order or their cooperation such that you can record a new deed that removes them. Quitclaim and warranty deeds are common solutions. If an owner of a property has passed away, you will need to transfer the property to the living owners.