Steff Posted August 22, 2007 Share Posted August 22, 2007 Friends dad co-signed a car loan for the other daughter here in Illinois. She then moved out of state. Since has stopped making the car payment. He IS on the title, not just the co-signer. Does he have legal right to go get the vehicle since they aren't paying the note? Is there a legal process (I have not found anything other than hiring a repo man online and even that has to be done via the leinholder from what I can tell), or does he just go get it? Quote Link to comment Share on other sites More sharing options...
kapkomet Posted August 22, 2007 Share Posted August 22, 2007 QUOTE(Steff @ Aug 22, 2007 -> 02:39 PM) Friends dad co-signed a car loan for the other daughter here in Illinois. She then moved out of state. Since has stopped making the car payment. He IS on the title, not just the co-signer. Does he have legal right to go get the vehicle since they aren't paying the note? Is there a legal process (I have not found anything other than hiring a repo man online and even that has to be done via the leinholder from what I can tell), or does he just go get it? The bank has the first right to it as you alluded to. However, he is responsible on the note as well and if they are not making payments, he becomes the person they turn to to make the the payment... with that in mind, he just needs to go get the damn thing. Quote Link to comment Share on other sites More sharing options...
Steff Posted August 22, 2007 Author Share Posted August 22, 2007 QUOTE(kapkomet @ Aug 22, 2007 -> 08:45 AM) The bank has the first right to it as you alluded to. However, he is responsible on the note as well and if they are not making payments, he becomes the person they turn to to make the the payment... with that in mind, he just needs to go get the damn thing. From what I understand he is going to try to seek help from the bank, but they really don't care as long as the note is being paid. Hopefully they will help so that he doesn't have to risk a confrontation. Quote Link to comment Share on other sites More sharing options...
StrangeSox Posted August 22, 2007 Share Posted August 22, 2007 A similar situation happened between my parents and my older brother. My father had the legal right to take the car from my brother, as my brother was no longer making payments and broke their verbal contract. Quote Link to comment Share on other sites More sharing options...
Steff Posted August 22, 2007 Author Share Posted August 22, 2007 QUOTE(StrangeSox @ Aug 22, 2007 -> 10:53 AM) A similar situation happened between my parents and my older brother. My father had the legal right to take the car from my brother, as my brother was no longer making payments and broke their verbal contract. That's the feedback they are getting. However, this daughter is kinda the "black sheep" of the family and the communication lines aren't exactly open between her and her dad. I don't think it would be a nice exchange if he were to go knock on her door and ask for the keys. Hopefuly the bank can help them. At least authorize a repo to get the car back to her dad so he can try to sell it or something. If I had to pay for a car I wasn't using I would be beyond pissed so I can imagine what he's feeling. Quote Link to comment Share on other sites More sharing options...
StrangeSox Posted August 22, 2007 Share Posted August 22, 2007 My brother wasn't talking to us at the time, either. Luckily, my father had a spare set of keys so we just went and took it one night. My brother didn't contest it. Your friend's dad could try having some keys cut at a local Mitsu dealership if he's got the title. Quote Link to comment Share on other sites More sharing options...
Steff Posted August 22, 2007 Author Share Posted August 22, 2007 QUOTE(StrangeSox @ Aug 22, 2007 -> 11:43 AM) My brother wasn't talking to us at the time, either. Luckily, my father had a spare set of keys so we just went and took it one night. My brother didn't contest it. Your friend's dad could try having some keys cut at a local Mitsu dealership if he's got the title. It's not a Mitsu so I don't know how much good that will do. The car is in Georgia now so it's not like he can just drive on over there. Apparently she is willing to give it back to the bank so hopefully that works out and there wont be a big hassle. Quote Link to comment Share on other sites More sharing options...
Middle Buffalo Posted August 22, 2007 Share Posted August 22, 2007 (edited) In Arizona, you can petition the lien holder to remove a name from the title. http://www.azdot.gov/mvd/faqs/scripts/faqs.asp?section=tr (See #20 & 4) It would seem that you could do the same in Illinois. Similar question regarding car titles. If someone abandons a vehicle on my property (it's a rental property), is there a way for me to legally take position and title of the vehicle? Edited August 22, 2007 by Middle Buffalo Quote Link to comment Share on other sites More sharing options...
Steff Posted August 22, 2007 Author Share Posted August 22, 2007 QUOTE(Middle Buffalo @ Aug 22, 2007 -> 02:20 PM) In Arizona, you can petition the lien holder to remove a name from the title. http://www.azdot.gov/mvd/faqs/scripts/faqs.asp?section=tr (See #20 & 4) It would seem that you could do the same in Illinois. Similar question regarding car titles. If someone abandons a vehicle on my property (it's a rental property), is there a way for me to legally take position and title of the vehicle? He'll still be the co-signer on the the loan though. It seems to be better that he's on the title. That way he can at least get it back and sell it minimizing his loss. If he wasn't he'd be screwed paying it, or letting it ruin his credit without being able to do anything about it. Quote Link to comment Share on other sites More sharing options...
Middle Buffalo Posted August 22, 2007 Share Posted August 22, 2007 QUOTE(Steff @ Aug 22, 2007 -> 01:33 PM) He'll still be the co-signer on the the loan though. It seems to be better that he's on the title. That way he can at least get it back and sell it minimizing his loss. If he wasn't he'd be screwed paying it, or letting it ruin his credit without being able to do anything about it. I was thinking he could remove his daughter's name if he is able to show the bank that she is unable/unwilling to pay, and that he will make the payments until he can sell the vehicle. Quote Link to comment Share on other sites More sharing options...
Texsox Posted August 22, 2007 Share Posted August 22, 2007 QUOTE(Middle Buffalo @ Aug 22, 2007 -> 03:37 PM) I was thinking he could remove his daughter's name if he is able to show the bank that she is unable/unwilling to pay, and that he will make the payments until he can sell the vehicle. There is no reason for the bank to remove her name. They lose one potential, albeit, poor chance at payment. I doubt the state would alter the title without a court order or bill of sale. Unless she is cooperating, that probably isn't going to happen. This is a classic case of why you should think twice before co-signing for anyone. Quote Link to comment Share on other sites More sharing options...
SoxFan562004 Posted August 22, 2007 Share Posted August 22, 2007 QUOTE(Texsox @ Aug 22, 2007 -> 03:42 PM) There is no reason for the bank to remove her name. They lose one potential, albeit, poor chance at payment. I doubt the state would alter the title without a court order or bill of sale. Unless she is cooperating, that probably isn't going to happen. This is a classic case of why you should think twice before co-signing for anyone. If this is going across state lines he should be extremely careful with what he does. That adds a whole new aspect to it. Quote Link to comment Share on other sites More sharing options...
Steff Posted August 22, 2007 Author Share Posted August 22, 2007 QUOTE(Middle Buffalo @ Aug 22, 2007 -> 02:37 PM) I was thinking he could remove his daughter's name if he is able to show the bank that she is unable/unwilling to pay, and that he will make the payments until he can sell the vehicle. The bank already knows that. I don't think they care regardless. they just want their money. FWIU, with the default letter from the bank he can sell the car to carmax or a private owner with just his sig. Although all that's moot if the title says "or", which hopefully it does. Quote Link to comment Share on other sites More sharing options...
Steff Posted August 22, 2007 Author Share Posted August 22, 2007 QUOTE(SoxFan562004 @ Aug 22, 2007 -> 03:01 PM) If this is going across state lines he should be extremely careful with what he does. That adds a whole new aspect to it. The car is coming back to Illinois FWIU. Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.