I think the cosigner should have legal rights for the car especially if they are making payments on it. If payments are not paid, it effects the co-signers credit adversely and he is still financially responsible for the car until it it paid off. In fact I've heard the lender tends to come after the co-signer harder than the primary because they just want the debt to be paid (and the primary can't pay) - that makes sense. What other resort does the cosigner have to relieve himself of a bad financial situation and bad credit rating. I've also heard of the cosigner suing the primary for the deficiency, which is the difference between what's left to pay off the note and the actual amount he got for the car, if that amount is less than the note.
NAME ON TITLE = You can take the car and use it yourself or sell it.
NAME ON LOAN = You can make the payments.
Cosigning is an agreement to pay but paying does not give you any rights to the property.
No. Unless the cosigner is also a title holder they have no legal rights to the vehicle.
No, the cosigner will not have rights to the car after its paid off because the purpose of a cosigner is to pay off the notice if you fail to do so. Being a cosigner does not give them to any rights to the car.
The primary is the one responsible for paying the loan. If they default (stop making payments) the co-sihner will be responsible for paying the balance or both their credit records will be ruined. If the co-signer's name is not on the title they will not own the property even if they paid for it. They would have to sue the primary borrower in court and obtain a favorable judgment.
Yes. It will also improve the co-signer's credit too.
A cosigner can only sue if the primary borrower signed an agreement for the cosigner to pay the debt and then be reimbursed. The consignor can not sue if they, at their own liberty, decided to just pay the debt.
No. Once a cosigner has signed the contract the only way they can be removed from the responsibility is a new agreement being made without the assistance of the original cosigner.
Some banks allow it as long as there is a notice to cosigner form from the bank signed. It states that even though your name isn't on the title you can still be responsible for the bank note.
None really. Even if you are on the title to the car as well as being a cosigner, you can't do anything without the other person. All you can do to protect yourself if make the payments. Find out what car dealers don't want you to know at www.dealertricks.com
Your name is on the title of a car just even if you just co-signed for it because that is what co-signing means: you are the co-signer on the loan. The first person signs the loan, which means that he or she is the owner. If they had signed it by themselves, they would be sole owner. A co-signer is like a "co" anything; co-meaning together. Cohabitate, Cooperate...etc. Generally cosigners do not have a vested interest in the secured property and therefore they are not placed on the title. A cosigner makes a binding legal agreement that they are responsible for repayment of the loan if the primary borrower defaults. The cosigner does not have legal rights to the property including a vehicle. Unless the primary borrower requested the cosigner be placed on the title it is an error and should be corrected as soon as possible to prevent future problems with receiving a clear title once the loan is paid.
No, not unless your name is on the title.No, not unless your name is on the title.No, not unless your name is on the title.No, not unless your name is on the title.
Even if he is paying, he has no rights until court granted.
no It depends. Is the cosigner on the title as co-owner? If so, they can take the car whenever they want.If they aren't, well, it's just plain car theft if they do. In other words if you are both on the title and the loan paperwork then both your butts are on the line financially and it's a civial matter if one of you wants the car over the other. But both of you have legal right of access so the police will not make an arrest or intervene if both parties can prove ownership.