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  1. #1
    Join Date
    Aug 2009
    Posts
    1

    Unhappy Mother Trying to Repo Car I Am Paying on Cause She is a Cosigner

    My mother co-signed for me to get my car in 2007. I have made all of the payments on the car, but recently I have lost my job so my payments have been late most months, but they are still getting paid.
    My mother now is upset with me for making late payments that reflect on her credit, so she has told me she is coming to get my car (even though she doesn't have a key) next friday so that she can sell it and be done with the car totally.
    Do I have any rights here to keep my car?
    Can she come and just take it like she is the repo man?
    Or if I agree to it does she have to pay me any of the back payments I made on it?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Mother Trying to Repo Car I Am Paying on Cause She is a Cosigner

    unless she is named on the title, she has no authority to take possession of the car, regardless of how much you are screwing up her credit.

    She does have the right to sue you for any loss of hers that she can attribute to your failure to make the payments as agreed.

  3. #3
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Mother Trying to Repo Car I Am Paying on Cause She is a Cosigner

    That is called legal self-help. Sometimes it is legal or in a gray area. In the case of your mother, what she wants to do is illegal unless she is on the title. Even if you both were on the title she couldn't sell the car without your agreement and signature on the transfer.

    If you were not making the payments, she could in theory take you to court and force the legal sale of the car. Simply messing up her credit is not legal grounds to do so. She put herself in that position by co-signing the loan regardless of the motive.

    There are only certain torts recognized by the courts. There is no cause of action for messing up a third parties credit. Even if there was, how does a court order that cured.... what jurisdiction is that? How does one put a dollar value on a FICO score point?

    She could solve the problem, if you agreed, by buying the car and selling it.

    Of course it all really boils down to the importance of your relationship with mommie. She probably will never help you out financially again, regardless of what you do.

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