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no longer want to be a cosigner

  • Thread starter Thread starter roonis20
  • Start date Start date

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roonis20

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my mother cosigned for my boyfriend to get a new car. he has since moved out and quit his job. my mother no longer wants to be the cosigner. she asked him repeatedly refinance the vehicle in his own name, or get another cosigner, or sell it. he agreed to do this, but has yet to follow through. she wrote him a letter telling him he had until a certain date to do it, or else she would seek legal action. how does she go about getting her name removed from the title? and can she take possession of the vehicle and sell it herself? if he misses a payment and she has to make one, does this give her the right to take the vehicle into her possession? please, if anybody can help, we would appreciate it.
 


JETX

Senior Member
Sorry, but once the lender has the co-signer (guarantor) on the loan, they won't just 'remove' her from liability. The only way that this person got the loan was because the co-signer used HER credit to guarantee payment to the lender.

Your only options:
1) Continue urging him to refinance and pay off the loan to remove her liability.
2) Take over payments to protect her credit then sue him for the 'damages'.

Answers:
Q1) " how does she go about getting her name removed from the title?"
A1) Here you say 'title', where above you said co-signer on loan. These are NOT the same thing. If you really meant 'loan' here, she can't get her name off without the permission of the lender. If you really meant 'title' here, then you do NOT want to be removed from the title while still a co-signer. It is the ONLY 'bargaining' chip you have.

Q2) "and can she take possession of the vehicle and sell it herself?"
A2) Probably not. If both names (or his only) are on the title, then that person (or both) will have to sign the title over to the other.

Q3) "if he misses a payment and she has to make one, does this give her the right to take the vehicle into her possession?"
A3) Again, you have to look at the title issue. If her name is on it, then both have legal right to possession. This is where a 'co-signer' agreement would have been handy!!
 

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