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Yesterday my wife's aunt came to her punching her in the arm about the car that she co-sign with her on when she was out picking up our kids she said that it was a civil repo. So what I want to know is will she be able to get the car when they go before a judge my wife make the payment on the car sometime not all them are full payment she will pay half but she all ways call to make sure that she can pay half or a little bit more then half on it she keep insurance on the car.But who is the owner of the car or will her aunt be able to get the car because she sign her name first then my wife sign her name second on the cosigner agreement.The police said take it before a judge But the car dealership only gave one key in that was to my wife both of them have papers on the car so who is the owner of the car
A COSIGNER has absolutely NO ownership interest in a vehicle. There's no such thing. They can't repo a car. All they did, is guarantee the loan. A LEINHOLDER can repo a car. The owner of the car, is the person who's name is on the TITLE of the car - presumably the wife. Now, if your aunt's name is on the title, then she's a Canton OWNER, and she has equal ownership with your wife, for the car. But a judge is going to say, both of them own the car, and neither can sell it. So, if both names are on the title, both of them own the car. Having a key, does NOT give you sole ownership. The ONLY thing that matters, is what the title says. A judge is most likely not going to take your wife's name off that title, without the aunt paying her half the value of the car.
Best thing to do is for you to not get involved if the thought of losing the $850 is too much to bear. I feel for the other sister that co-signed, but that was the risk that she took when she signed up for that, not you. But, if you must do this to keep the peace in your family, I would write it out in a note that the sister that co-signed for the loan should sign. That way, you have a piece of paper that correctly obligates the co-signing sister to repay you. Then, it would be up to her and the one in jail to eventually make that note good. Obviously, that either requires the co-signer to pay you directly or to get the money from the one that is presently in jail. Regardless, the chances that you will see all of that money back within the next 2 years is probably around 50% or less, depending on how much pressure that you exert on the co-signer. Think of it this way, you are feeling pressured or compelled to now step financially into a situation that you wouldn't normally have chosen to participate. It makes no financial sense for you to do so, as the risk of partial or complete loss is great. But, the loss between you and your wife may be the greatest threat. Make sure you both are in agreement with whatever decision is made so that neither of you look back and blame the other person either that you shouldn't or should have taken this action.
Are there two owners? On the title does it say her name and her aunts? Or was her aunt only a cosigner for the loan?