If the car is registered in the cosigner's name can the primary borrower take the car if the cosigner is not making the payments?

Answer

It depends on the state you are in and the laws of that state. I had the exact same issue in Georgia. I am a co-signer. In most states it depends on how the two are listed on the title. Are the two borrowers list as Joe Doe AND Jane Doe? Are they listed as Joe Does OR Jane Doe? Which name is first? In Georgia, this state does not recognize "AND" or "OR" on the title. Each person has 50/50 ownership. I could take posession of the car if I had the opportunity to obtain it. I could not force the authorities to hand it over to me. If I did end up getting posession of the car, the other party could do the same and legally take the car back without legal problems.

Check with your local DMV on the title questions and/or an attorney for your state.

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