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What power does a cosigner have before and after a debt has been paid in OKLAHOMA?

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MajorHelp

Junior Member
Hello my situation is sticky. In OKLAHOMA in 2015 I had a vehicle financed in my name but because it was my first car and had no credit my sister cosigned on the contract. The following year I decided I was going to move to CA. At the time I was living with my mom and brother. Because my brother had no car and I was scares of making my drive cross the states in the car I told him he could use it and make payments while I'm gone but one day I do plan on returning for the car when I have made enough money. After leaving I learned more about this subject and asked my sister who cosigned if she would refinance the car in my brother's name instead of mine and she refused to because she was scared it would hurt her credit. I tried to explain but she refused to for what reason I'm unsure. So here in CA life moves fast and I saved up to buy a house and now I can't because the the debt of the car is on my credit. I've reached out to my family to ask them to please refinance and they refuse because this is the only way to remove my name without flat out paying the car debt off. Now that it is and issue I plan to get the car myself and have it transported from OK TO CA, sell it and pay the remaining debt so I could buy a home. After hearing this my sister(cosigner) was outraged and threatened me to sue. So I called the finance company and they said she has a title and both are names are on it and we hold EQUAL rights. This seems like a very big loophole because if I take it I can't be stealing because it is also my car and vise versa. Once it is paid off though I as the primary will receive a different title that I guess is the main one. If I pay 7,000 to pay it off I am very well going to have my car transported here to CA but it seems the rules are different in OK. As a cosigner what power does she actually have before and after the cars debt being paid in full? Also my brother and mom refuse to give me the keys to my car yet they have their name nowhere on the contract. Can I call the police to force them to hand me the keys or do I need some type of warrant for this? Thank you.
 


ShyCat

Senior Member
Your problem is not that your sister is a co-signer on the auto loan. Your problem is that she is a co-owner of the car. You need to find out if title is held as "Your Name OR Her Name" or as "Your Name AND Her Name". If OR, either one of you can sell the car once the loan is paid in full. If AND, you would need her signature to sell the car.
 

adjusterjack

Senior Member
Agree.

Since you are both equal owners on the title now you will both be equal owners on the new title that's issued after the loan is paid off.

Before you spend the $7000 I suggest you work out something with your sister to get her to sign over the title and give you the car.

You might have to buy her signature.
 

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