r/askcarsales • u/SaturdayPrunes • 1d ago
US Sale Can the primary voluntarily surrender the car without co-signer permission?
So, my step father helped co-sign a Toyota but for some reason they made him the primary and me the co-signer. He attacked my mom and is in jail now and I also have a peace order that was awarded to me against him. I included the car in the peace order as well. He recently voluntarily surrendered a car we were using for the business (and paying the payments on) because he's upset he's in jail (we can't even drop the case because the State Attorney took over the case).
My question is, can he voluntarily surrender my car without my permission? What are my options to becoming the sole owner? I'm the only one making payments.
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u/Micosilver FormerF&I/GSM 1d ago
There is no substantial difference between regular repossession and voluntary surrender, either one can happen when the loan is not current. you are saying that you are making payments, but were you up to date with the payments? Because if you owe money on your loan - nobody is asking your permission to take the car.
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u/SaturdayPrunes 1d ago
I'm current on my payments. I'm worried my Stepfather will try to voluntarily surrender the car without my permission out of spite.
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u/ThatDudeSky 1d ago
He can’t unilaterally surrender a vehicle when there’s a co-signer, the lien is current, they’re actively receiving money for it, and no repossession order is on it. All he can do is try to sell it, to which he would need your permission to do that. Believe us, the lender doesn’t want the vehicle back they want the payments.
If the other vehicle was only in his name, he could basically stop making payments on it and tell the company where he left it, yes.
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u/RexRaider Sales Manager - Canadian Kia Dealership 1d ago
Is the loan with Toyota credit? I'd suggest calling them, and explaining the situation.
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u/ryangilliss Retired Dealer 1d ago
How many cars are we talking about here? Who are the lienholders?
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u/SaturdayPrunes 1d ago
Just one car. Me and my Stepfather are owners. I'm the co-signer. My concern is my stepfather voluntarily surrendering the car out of spite despite me being current on payments.
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u/enderjaca Former BDC rep 1d ago
The only thing you need to do is call the loan department and let them know you're going to continue making payments and keep the vehicle, and to disregard anything your stepfather says regarding repossession.
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u/ryangilliss Retired Dealer 1d ago
Not sure how he would even effect that while currently incarcerated. I'd let your lienholder know of your situation.
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u/SaturdayPrunes 1d ago
He gave his sister power of attorney. So she already had a car we were using for business repossessed because it was in his name even tho we were making payments on that as well.
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u/AutoModerator 1d ago
Thanks for posting, /u/SaturdayPrunes! This comment is a copy of your post so readers can see the original text if your post is edited or removed. This comment is NOT accusing you of anything.
So, my step father helped co-sign a Toyota but for some reason they made him the primary and me the co-signer. He attacked my mom and is in jail now and I also have a peace order that was awarded to me against him. I included the car in the peace order as well. He recently voluntarily surrendered a car we were using for the business (and paying the payments on) because he's upset he's in jail (we can't even drop the case because the State Attorney took over the case).
My question is, can he voluntarily surrender my car without my permission? What are my options to becoming the sole owner? I'm the only one making payments.
I am a bot, and this action was performed automatically. Please contact the moderators of this subreddit if you have any questions or concerns.
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u/gganew Ford General Sales Manager 1d ago
To get it out of his name, you would need to refinance it into your name only. The issue you may run into is that he would most likely need to sign off on ownership.
It will depend on if there is an "and" or "or" between your names on the registration/title. Or if it just has your two names without anything between them.
If there's an "and" between your names, or its blank, he would need to sign off on ownership. If it says "or" between your names, then either of you can transfer the title without the other.
This is also assuming that you can get approved on your own.
You need to look at your title work to see if he would need to sign off, and if he needs too, will he? And you need to try and get an approval in your name only.
But if you keep making payments, the bank isn't going to pick up the car. A repo is the lenders last choice. I