Lender Won't Authorize Car Sale Without Cosigner's Signature

[kgray0317]

My question involves an auto loan or repossession in the State of Texas:
Primary and Co-signor sign on loan one year ago with understanding that Co-signor would make all loan payments in addition to maintaining insurance. One year passes with the Primary making all loan and insurance payments in addition to paying Co-signor's continued parking tickets and toll fees. Primary was finally able to get possession of truck when Co-signor was not able to provide identification to get the truck back after it was towed. So, Primary is now in possession and wants to sell. However, Lender says Primary may not sell without Co-Signor's signature. And I can say that this will never happen. What is Primary's recourse?

[jk]

is there an actual written contract stating the terms agreed to?

[kgray0317]

Aside from the documents with the lender, there isn't a written contract between Primary and Co-Signer.

[Mr. Knowitall]

So the car is titled to the primary borrower, but with the intention that the cosigner possess and pay for the car? The cosigner's name does not appear on the title?

If the only impediment to sale is that the lender won't release its lien without the cosigner's consent, the primary borrower can consider paying off the loan to extinguish the lien.