Legal Question in Credit and Debt Law in Pennsylvania
I am the cosigner on an auto loan that my married son is responsible for he has gone two months in arrears. What are my legal options, can i sell the car for the balance of the loan. This problem could affect my credit rating.
1 Answer from Attorneys
It is bad bad bad to be a co-signer. You have all the burdens and none of the benefits. You are not a co-owner and have no ownership rights. By being a co-signer, you told the lender "go ahead and make the loan to my son because if he does not pay, I will." Since you told the lender you would pay then you have to pay.
I suggest you have a talk with your son. He can either apply for a new loan on his own or with a new co-signer or he can agree to start paying on time or he can agree to sign over the car to you (if you are going to pay you may as well as own the car). If he signs over the car to you, this needs to involve the lender to make sure the car is properly put into your name. Then you can sell the car or do what you want with it.
Other than that, you have no other option but to make the payments on time if you want to protect your credit. Once the car is paid in full, you can then go after your son for reimbursement of the money, but good luck collecting. If he is such a deadbeat that he needs a co-signer and is willing to screw over his father then he is not likely to have any assets and pay a judgment.