Can the co signer on the loan of my car take my car from me???

[Ochoa1995]

Jurisdiction

Illinois

I had a question: I had purchased a vehicle on May 28, 2016 with my ex's father being the co signer. He was reluctant at first to sign the loan but his wife made him sign but he refused to be on the title or registration. we had a fall out and now that I no longer live with them they had went trough a law firm and sent me a letter regarding the vehicle. I have to refinance in 10 days and return the down payment to the wife. she only put 500.00 down as I had put 1400.00 down. I still have the original receipt, bank statements, as well as the original card proving the down payment. I also have been making the payments of the vehicle way ahead of its due date. I also have proof of that as well. Because I have tried to get in touch with this firm with no luck I did speak with a lawyer and he stated that because they are not on the title or regristration they cant touch the vehicle, they are jus co signers. Is this true. He also advised me to have the paperwork on hand jus in case if I had to show the officers which I do have the regristration showing jus my name on the vehicle. He also stated to ignore the letter. I did speak with the lady in charge of the titles at the dealership stating the way they have the set up is the father is the primary co signer but on the title its jus myself. Can they take the vehicle from me? Can they do the replevin?

 

[KyleW]

I think the lawyer you spoke to gave sound advice. As for returning the down payment, to be nice I guess you can give the $500 back but I dont believe you are required to.

 

[adjusterjack]

I did speak with a lawyer and he stated that because they are not on the title or regristration they cant touch the vehicle, they are jus co signers. Is this true.

Yes. It's absolutely true.

Not only can't they take the car but they cannot compel you to refinance either no matter how many lawyers they get to "write you a letter."

He also advised me to have the paperwork on hand jus in case if I had to show the officers which I do have the regristration showing jus my name on the vehicle.

Keep a set of photocopies with you at all times along with your registration (required by law) but lock up the title (if you have it) in a safe place and just carry a photocopy.

He also stated to ignore the letter.

I agree. Ignore the letter, ignore the cosigner, block his calls, emails, texts. You have no obligation to this person at all.

I did speak with the lady in charge of the titles at the dealership stating the way they have the set up is the father is the primary co signer but on the title its jus myself.

Doesn't matter what order the names appear on the loan. Only matters whose name is on the title and that's just you.

Can they take the vehicle from me?

That would be Grand Theft Auto and you call the police instantly should anybody try it.

Can they do the replevin?

Well, anybody can sue anybody for anything, but I don't see him having any chance of winning.

As long as you are making the payments and keeping current on the loan, you're fine.

I agree with Kyle about sending back the $500 if you can scrape it up soon. Make sure you keep a copy of the check. Mark it "return of gift." Never put anything in writing that might be construed as admitting to a loan.

 

[Ms.Ochoa]

Yes. It's absolutely true.

Not only can't they take the car but they cannot compel you to refinance either no matter how many lawyers they get to "write you a letter."



Keep a set of photocopies with you at all times along with your registration (required by law) but lock up the title (if you have it) in a safe place and just carry a photocopy.



I agree. Ignore the letter, ignore the cosigner, block his calls, emails, texts. You have no obligation to this person at all.



Doesn't matter what order the names appear on the loan. Only matters whose name is on the title and that's just you.



That would be Grand Theft Auto and you call the police instantly should anybody try it.



Well, anybody can sue anybody for anything, but I don't see him having any chance of winning.

As long as you are making the payments and keeping current on the loan, you're fine.

One thing, though, was there ever any agreement (oral, written, email, text) to pay back the $500 that the wife contributed to the down payment?

I did offer to pay her back but she refused. They also have the second key to the vehicle which they refuse to give back to me. I have went through to the police which they stated they cant force them to give the key back because it is a civil matter which I do understand. I also have a master lock for the steering to prevent it from moving the vehicle even if they turn it on.

 

[Ms.Ochoa]

I think the lawyer you spoke to gave sound advice. As for returning the down payment, to be nice I guess you can give the $500 back but I dont believe you are required to.

she refused when I did offer to pay her back while we were sitting in the financial room of the dealership.

 

[KyleW]

Well I think you did you due diligence on it. If it does end up going to court and they want the money you can possibly try to subpoena the finance person or anyone that heard the no.

 

[adjusterjack]

They also have the second key to the vehicle which they refuse to give back to me.

That's a risk. And, yes, it's a civil matter.

I suggest at least getting the door locks changed. Might be costly but would avoid the sudden disappearance of the car and the expensive hassle it would take to get back.

You also have the option of suing them for "replevin" to recover the keys. I don't know if you can do it in small claims court.

If you are willing to go to court over the keys, you might first try a demand letter with a copy of a completed (but not filed) replevin complaint form (get one from the court website) and give them a deadline date to give you the keys or you will sue them. Don't bluff. Be willing and able to do it if they don't come across.

Or, get a very loud alarm installed that goes off even if somebody puts a key in the lock. I have a car that does that if I forget to turn off the alarm before I unlock the door.

 

[Ms.Ochoa]

That's a risk. And, yes, it's a civil matter.

I suggest at least getting the door locks changed. Might be costly but would avoid the sudden disappearance of the car and the expensive hassle it would take to get back.

You also have the option of suing them for "replevin" to recover the keys. I don't know if you can do it in small claims court.

If you are willing to go to court over the keys, you might first try a demand letter with a copy of a completed (but not filed) replevin complaint form (get one from the court website) and give them a deadline date to give you the keys or you will sue them. Don't bluff. Be willing and able to do it if they don't come across.

Or, get a very loud alarm installed that goes off even if somebody puts a key in the lock. I have a car that does that if I forget to turn off the alarm before I unlock the door.

I will probably jus change the locks if anything.

That's a risk. And, yes, it's a civil matter.

I suggest at least getting the door locks changed. Might be costly but would avoid the sudden disappearance of the car and the expensive hassle it would take to get back.

You also have the option of suing them for "replevin" to recover the keys. I don't know if you can do it in small claims court.

If you are willing to go to court over the keys, you might first try a demand letter with a copy of a completed (but not filed) replevin complaint form (get one from the court website) and give them a deadline date to give you the keys or you will sue them. Don't bluff. Be willing and able to do it if they don't come across.

Or, get a very loud alarm installed that goes off even if somebody puts a key in the lock. I have a car that does that if I forget to turn off the alarm before I unlock the door.

if anything I would probably change the locks but that would be in due time. So I should just ignore them? and when u had mentioned the title above, I don't have it. I actually wont be able to get it until the vehicle is paid off. I feel more relaxed now I got a second opinion about this but I am not going to let my guard down.

 

[adjusterjack]

So I should just ignore them?

Yes.

when u had mentioned the title above, I don't have it. I actually wont be able to get it until the vehicle is paid off.

Yeah, common practice this days with lenders holding the title. In the old days the owner got the title paper showing the lender on the title as lienholder.

You have enough paperwork to show ownership but go to the IL DMV website and put in your car's VIN on the following page:

Title and Registration Status Inquiry

Something should come up showing you as owner. Take a screen shot with Windows' Snipping Tool, save it to your computer and print out a copy to keep with your papers.

 

[Ms.Ochoa]

Yes.



Yeah, common practice this days with lenders holding the title. In the old days the owner got the title paper showing the lender on the title as lienholder.

You have enough paperwork to show ownership but go to the IL DMV website and put in your car's VIN on the following page:

Title and Registration Status Inquiry

Something should come up showing you as owner. Take a screen shot with Windows' Snipping Tool, save it to your computer and print out a copy to keep with your papers.

I did do that but its not showing the name of the owner at all. its jus saying multi owner? Yor N and its saying No jus not the name of the owner

 

[army judge]

I did do that but its not showing the name of the owner at all. its jus saying multi owner? Yor N and its saying No jus not the name of the owner

Multiowner means you and the lender.
Call the lender, ask them whose name is on the title.
I suspect lender and you, because lender holds a lien.
Anyway, soon you'll solve the mystery.

 

[Ms.Ochoa]

Multiowner means you and the lender.
Call the lender, ask them whose name is on the title.
I suspect lender and you, because lender holds a lien.
Anyway, soon you'll solve the mystery.

I am actually on the title. Ive spoken with the dealership titles and they told me im the only one on the title and even on my regristration

 

[army judge]

I am actually on the title. Ive spoken with the dealership titles and they told me im the only one on the title and even on my regristration

Well, that solves the mystery. So, you follow the suggestion submitted and things should be golden.

 

[Ms.Ochoa]

Well, that solves the mystery. So, you follow the suggestion submitted and things should be golden.

So if they were to show up anywhere at my jobs and try to take my car what do I do? N how do I attain a copy of my title if that's possible. Would I go to that dealership and ask them?

 

[adjusterjack]

So if they were to show up anywhere at my jobs and try to take my car what do I do?

Call the police.

N how do I attain a copy of my title if that's possible. Would I go to that dealership and ask them?

No. The lender holds the title in IL. You can call and ask for a photocopy. They might not be obliged to give it to you.

 

[Ms.Ochoa]

Call the police.



No. The lender holds the title in IL. You can call and ask for a photocopy. They might not be obliged to give it to you.[/QUOTE
Now I have been to the police and they did tell me that the car is a civil matter but if they do show up. Jus call them. Now how can I go about letting these people know this since they seem really confident that they can get my car from me. Cause I think they believe they have the right to the vehicle jus because they r the co signers but not on the title or regristration?

 

[army judge]

So if they were to show up anywhere at my jobs and try to take my car what do I do? N how do I attain a copy of my title if that's possible. Would I go to that dealership and ask them?

The sooner you get the locks rekeyed, taking your car with the old key wont be a possibility.

If they do take your car, or anyone takes your car report it to the police.

Also, make sure you have sufficient insurance to protect your financial interests.
That means, obtain at least 100/300/100 coverage with deductibles that you can easily afford to cover.

I have far more coverage, along with a $20,000,000 umbrella policy.

Insurance is affordable, make sure you understand yours, meet with a couple trusted insurance agents. Most of them aren't just salespeople, the best ones can be quite helpful.

 

[Ms.Ochoa]

The sooner you get the locks rekeyed, taking your car with the old key wont be a possibility.

If they do take your car, or anyone takes your car report it to the police.

Also, make sure you have sufficient insurance to protect your financial interests.
That means, obtain at least 100/300/100 coverage with deductibles that you can easily afford to cover.

I have far more coverage, along with a $20,000,000 umbrella policy.

Insurance is affordable, make sure you understand yours, meet with a couple trusted insurance agents. Most of them aren't just salespeople, the best ones can be quite helpful.

I do have that insurance

 

[adjusterjack]

You need to keep all your discussion in this thread where all the background. I've moved your update here and deleted the other post. Don't open any more new threads. Thank you.

Ok I jus wanted to give an update. So I did go to the dealership and sat with the financial advisor as well as The GM and I asked them who was on the title and the regristration and they told me I am. The financial advisor guy said that we both share the car financially but the I am on the title and regristration by myself. He also told me that they did go to dealership to find out what they could do and the GM stated that Jose (financial advisor guy) told them the same thing. The GM told me that they cant seize the vehicle and even if they tried they would have to get a subpoena and go to a judge but for what? They would jus lose. So I left it at that. Now I finally received a call back from their lawyer and I asked him did u do research on the vehicle. He stood quiet and didn't say anything. I told him I did speak with several lawyers on this matter as well as the dealership and they stated they can not touch my vehicle because they not on the title nor registration and he said well they are the primary buyers and I told him they are not on the title nor regristration and they cant touch my vehicle. He just kept repeating they are the primary buyers and nothing else. So I jus kept repeating they aren't on the vehicle. So he said I am going to talk to them and we are going to court and I said ok I am fine with that. Was that the wrong thing to do? I also spoke with my manager at our bank who did explain it doesn't matter who is on the loan and who is first if they aren't on the title or regristration they cant do anything.

 

[Ms.Ochoa]

You need to keep all your discussion in this thread where all the background. I've moved your update here and deleted the other post. Don't open any more new threads. Thank you.

My apologies