How do I get posession of a vehicle if I am now making the payments?

UPDATED: Nov 4, 2011

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How do I get posession of a vehicle if I am now making the payments?

I am considered primary on a title of a vehicle. However the co-signer has possession of the vehicle but has stopped making payments. Can I legally go out of state to get this vehicle back without his permission since I am now making payments. My name and his name are both on the loan and title.

Asked on November 4, 2011 under Bankruptcy Law, New Mexico


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Good question. If the vehicle has been repossessed and you are the co-signer on the loan secured by the vehicle and have cured all defaults on the loan, you need to call the lender and ask for possession of the car. Follow up with a written letter confirming your telephone conversation for future reference.

If the lender allows you possession of the car since you are on the loan and title, you do not need permission to get the car from the other borrower. If the lender refuses you possession of the car, you need to consult with an attorney who practices law concerning auto loans.


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