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Primary Buyer vs. Cosigner

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ChadaleJones

Junior Member
What is the name of your state (only U.S. law)? Georgia

In May 2009 I financed a car through Nissan Finance using my mom as the co-signer. She added me and the car to her insurance. I lost my job and was drawing unemployment. She has been paying for the car and the insurance for almost 6 months now. I also was involved in an accident in the car in which she payed the deductible and took ownership of the car. This was about 4 months ago. I have chosen not to make payments on the car due to the fact that she's driving it. Unfortunately at this time my unemployment has ran out and I have no transportation to look for work. They are trying to pass a new law for UI which will extend my unemployment for 12 weeks. The terms my mother has given me to regain ownership of the car are unreachable. She wants me to have the loan refinanced and out of her name, she's aware my credit is ruined and I can't do this. She also gave me the option to reimburse her for her financial burden, but at my low income I won't beable to do this and make payments on the car - I would be back at square one. Another stipulation to her second option was that I would have to obtain my own insurance. My question is - since I am the primary borrower on the loan if I start making payments again and obtain my own insurance am I entitled to my car? Is there a legal way of going about this? I can't just take the car because I live at her house and she would kick me out. I have to do this the right way. The car still has a lien on it and it is the security for the loan, it's registered in both of our names. Also she is wanting to sell the car, can she do this without my signature? I hate having this battle with my mother, but I do need the car for work purposes and she has her own truck. Frankly, I think she just enjoys driving my new car since she has told me she won't give it back if I start making payments. If she is so concerned with the additional costs, she should let the costs and the car go to me - but this is not the case.
 


TheGeekess

Keeper of the Kraken
So, you're mad at Mom for protecting her credit? :rolleyes:

Let Mom sell the car and you find a used clunker to get you around.
 

Antigone*

Senior Member
What is the name of your state (only U.S. law)? Georgia

In May 2009 I financed a car through Nissan Finance using my mom as the co-signer. She added me and the car to her insurance. I lost my job and was drawing unemployment. She has been paying for the car and the insurance for almost 6 months now. I also was involved in an accident in the car in which she payed the deductible and took ownership of the car. This was about 4 months ago. I have chosen not to make payments on the car due to the fact that she's driving it. Unfortunately at this time my unemployment has ran out and I have no transportation to look for work. They are trying to pass a new law for UI which will extend my unemployment for 12 weeks. The terms my mother has given me to regain ownership of the car are unreachable. She wants me to have the loan refinanced and out of her name, she's aware my credit is ruined and I can't do this. She also gave me the option to reimburse her for her financial burden, but at my low income I won't beable to do this and make payments on the car - I would be back at square one. Another stipulation to her second option was that I would have to obtain my own insurance. My question is - since I am the primary borrower on the loan if I start making payments again and obtain my own insurance am I entitled to my car? Is there a legal way of going about this? I can't just take the car because I live at her house and she would kick me out. I have to do this the right way. The car still has a lien on it and it is the security for the loan, it's registered in both of our names. Also she is wanting to sell the car, can she do this without my signature? I hate having this battle with my mother, but I do need the car for work purposes and she has her own truck. Frankly, I think she just enjoys driving my new car since she has told me she won't give it back if I start making payments. If she is so concerned with the additional costs, she should let the costs and the car go to me - but this is not the case.
If that is the truth then pay back your mom. It is a sad situation she has put herself in. If she does not pay for the car her credit is damaged; so she basically has no choice but to pay for it. If she is paying for it, then she should have the pleasure of driving it.

It is sad that you have decided it is okay to screw your mom:rolleyes:
 
Really? You're living off your mom, under her roof, a roof she's paying for, and she's paying for the car and insuring it, and somehow you think you're being screwed over? You've got some serious entitlement issues. Instead of spending IU money on whatever you're blowing it on, give it to your mom to pay for the car, or sell it, pay it off, and use the rest to buy a beater.
 

ChadaleJones

Junior Member
Thanks but where's the legal advise?

I'm asking for legal advise not moral advise. I have just recently moved back in with my mom and went through some things I don't wish to disclose. I'm trying to get my life back on track and don't have transportation. This is the car I picked out, I want to pay for it. She won't give it back even when I do pay for it this coming up month with my own insurance. Why would I pay for something I can't drive? I will pay for it if it regains entitlement to the car. I'm not going to drive a clunker when she's driving the car I picked out. I would rather pay lawyer fees than buy a clunker. I want my car back.
 

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