Want this question answered?
If they signed the promissory note, then it is legal, and binding.
Yes. Making payments on time is only one of several things you agreed to do when you signed the loan papers.
No. You are not entitled to a refund if you made payments toward the purchase of a vehicle. In truth, if you signed a contract to purchase the vehicle, that vehicle is now secondary to the contract, you could still be held responsible for the balance of the loan, whether or not you still have the vehicle.
When you co-sign on a loan or mortgage for someone, you are promising to make the loan payments if they can't. When someone files for bankruptcy, they are claiming that they cannot make their payments. It would stand to reason that if someone you co-signed on a mortgage for files for bankruptcy that you would then be liable for making the payments.
Well if the original person that you co-signed with defaults on the payments and you are stuck with the payments, technically it is your vehicle and you can take the person to court and take control of the vehicle.
You need to make those payments directly to the creditor or the late payments will be reflected as your own debt on your credit record. Thats what you contracted to do when you decided to be the co-signer. You should never hand over cash to pay loan payments to a person who is already defaulting on those payments. You may want to consult with an attorney about taking possession of the vehicle through a civil process.
Yes. Or the bank can "add" you to the loan and retain the originator too making the loan a "joint" or "co-signed" loan.
In the State of Texas, the answer would be "YES" as both parties signed for the car loan and both are responsible for the balance due. I was the primary signor but the cosigner had the car and was making the payments. Then she stopped making payments after owning the car for 3 years and the car was repossessed.
I once had a rooster named Smokey and I co-signed to get him a Power Wheels truck, you know, that Escalade deal. Well Smokey didn't pay the note but he got all the chicks! Ha Ha
Yes. Only if there was a relief of stay issued for the vehicle or you signed a reaffirmation for the vehicle loan and didn't make the payments.
The car, regardless of who's making the payments, is your responsibility. You bought it, you're the owner. This is why it's not wise to buy such large items for others and then assuming they'll make good on the payments. If you have a written agreement with the other person that states they're responsible for payments, you could sue them to collect, but as far as lenders and your credit are concerned, the car belongs to you.
It appears you co-signed so you are out of luck. You are then considered the lender and took the responsibility of the loan. Legally, if this person kept up their payments there is nothing you could do because the vehicle is theres. However, they are delinquent on keeping payments up, so go to the banking institution or whomever you dealt with and tell them you want to continue payments, but want the vehicle. They will advice you on what course of action to take. It depends on how the vehicle is registered/titled. If you are listed as an owner, you have the right to have the vehicle picked up. In most cases, the co-signers are not listed so hopefully you were smart enough to be listed as an owner.