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  1. #1

    Default California Private Party Repossion

    I purchased a vehicle with another person in 2016. I am the primary owner on the loan and she is the co-owner. After a nasty falling out, she took responsibility for the vehicle and is making the monthly loan payment. After unsuccessful attempts thru email and voice messages to have the car refinanced and my name removed from the loan, I would like to pay off the loan, become full owner and execute a private party reposession.
    Am I legally allowed to do this?

  2. #2
    Join Date
    Mar 2013
    Posts
    18,229

    Default Re: California Private Party Repossion

    execute a private party repossession.
    Am I legally allowed to do this?
    Sure. It wouldn't be a repossession in the legal sense because it's already your car.

    But by the same token it's also her car (both of you on the title) and she could take it right back from you and enjoy the gift of a paid off loan. And maybe take out a restraining order.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,863

    Default Re: California Private Party Repossion

    Loans don't have owners, they have borrowers. You're responsible to pay the debt, your problems with your friend mean nothing to do the bank.
    If you are on the car title, you're free to recover the vehicle by peaceful means (of course, they're free to take it back). It's not a "repossession" in the way the bank has the rights to, it's just you, the owner, driving your own car.

    Still, even if you get control over the physical vehicle, you won't be able to remove them from the title. You probably won't be able to refinance either as the bank wouldn't be able to place a lien on teh vehicle.



    Nope, you'll have to either work this out or perhaps sue, if you have anything resembling a contract with your "friend."

  4. #4
    Join Date
    Oct 2006
    Posts
    16,414

    Default Re: California Private Party Repossion

    Quote Quoting 2gourmetgirlz@gmail.com
    View Post
    I purchased a vehicle with another person in 2016. I am the primary owner on the loan and she is the co-owner. After a nasty falling out, she took responsibility for the vehicle and is making the monthly loan payment. After unsuccessful attempts thru email and voice messages to have the car refinanced and my name removed from the loan, I would like to pay off the loan, become full owner and execute a private party reposession.
    Am I legally allowed to do this?
    Why? Is she not handling the loan payments well? I would think that after 4 years the loan would be somewhat close if not very close to being paid off. What is your motivation to act at this point?

  5. #5
    Join Date
    Jul 2018
    Posts
    2,675

    Default Re: California Private Party Repossion

    Quote Quoting 2gourmetgirlz@gmail.com
    View Post
    I am the primary owner on the loan and she is the co-owner.
    Please explain what you think the difference is (if any) between being "the primary owner on the loan" and being a "co-owner."

    Please also tell us what the title to the vehicle says and identify the relevant state.


    Quote Quoting 2gourmetgirlz@gmail.com
    View Post
    I would like to pay off the loan, become full owner and execute a private party reposession.
    Am I legally allowed to do this?
    There's three things here.

    1. You certainly are "legally allowed to" pay off the loan.
    2. I don't know what "become full owner" might mean, so I can't opine about whether it's legally allowable.
    3. One co-owner cannot legally repossess something from another co-owner.

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