If grandmother was the sole signatory on the car loan, and there are payments still remaining at the time of her death, then the Estate will be required to satisfy the loan amount. Regardless of who is awarded the car, the loan must still be paid off in order to gain total ownership of the vehicle. The loan company holds the "Title" in their vaults until the loan is paid off.
To remove her name off the loan, you might have to refinance the loan, which may result in a higher interest rate. At any rate, the loan company needs to be apprised of the death immediately, and they may be able to help you through the processes required to re-align the loan into your name.
Another perspective: You haven't disclosed the name on the certificate of title for the car. Generally, if the car is in your name (you said it was your car) and you keep making the loan payments, you shouldn't encounter any problems. The estate representative cannot make you take anyone's name off the loan because you don't have that power but they can notify the bank that the cosigner has died. If the car is titled in the other person's name then you have a problem.
You have not included enough detail to get a definitive response. You should consult with an attorney.
You insure a vehicle. The buyer. The only thing the cosigner is responsible for is paying the bank back the money it loaned if the buyer doesn't. The principal driver of the vehicle who should also be the buyer.
YES !!! He/she should certainly discuss it with the cosigner. It may be a gift or it may just be that the cosigner doesn't want to have that note appearing on his/her credit report. Whatever the reason, even if the cosigner did it as a gift, the primary should acknowledge and express appreciation. But be prepared if the cosigner expects the loan to be paid back.
No. The cosigner should make certain the loan payments are being made since they guaranteed the loan would be paid back. If the primary borrower isn't paying then the cosigner must pay or their own credit record will be ruined and the lender can go after them for payment.No. The cosigner should make certain the loan payments are being made since they guaranteed the loan would be paid back. If the primary borrower isn't paying then the cosigner must pay or their own credit record will be ruined and the lender can go after them for payment.No. The cosigner should make certain the loan payments are being made since they guaranteed the loan would be paid back. If the primary borrower isn't paying then the cosigner must pay or their own credit record will be ruined and the lender can go after them for payment.No. The cosigner should make certain the loan payments are being made since they guaranteed the loan would be paid back. If the primary borrower isn't paying then the cosigner must pay or their own credit record will be ruined and the lender can go after them for payment.
If your question is "can the contract be null and void" if signed only by the primary buyer and not by the co-signer? Depends. If the contract is in both names-yes. If the contract is typed up "only" in the buyer name-no. If the loan is conditioned to both signing, yes.
Something is not right here. If you are the primary, then why is the cosigner making payments and why does the cosigner have possession of the vehicle? The is back-wards of what it should be. And why in the world would you put the cosigners name on the title? You have a mess on your hands, because you went about this all wrong. You need to contact a lawyer ASAP.
The Seller can Cancel the real estate and sell to some one Else and put it back on the market or if the seller wants to wait then he/she can extend the closing date.
Nothing. The only option for being remove as a cosigner is to have the original loan refinanced without the cosigner participating.
After the charge off how can some one come back and recharge you?
In Florida residential real estate deals, there are "kick out" clauses written into a purchase contract and/or addendums to the contract that give the buyer the right to walk away from the deal and get his deposit back in full within a certain amount of days. But once those deadlines have passed, the buyer runs the risk of losing his deposit money if he walks or being sued for specific performance for possibly the entire purchase price amount. If that is the case, consult a real estate attorney.
The cosigner will be the person who will be held responsible for paying any deficiency depending upon when the BK was filed. If the BK was filed under the new bankruptcy reform laws the cosigner can be held responsible for the entire amount of the loan.
NO
That is why the cosigner is there. To back up the contract if you bail.