Generally, yes, assuming that the "car owner" is the person who took out the loan that was co-signed AND that the owner defaulted on the loan and the co-signer was forced to pay the balance of the loan. Typically, the main borrower, i. e. the car owner, is primarily liable for the loan while a co-signer is only secondarily liable. This means that the co-signer has no obligation to make payments unless the primary borrower defaults. In most contracts involving co-signers, the contract will have a provision that if the co-signer has to pay on behalf of the primary borrower, then the primary borrower must indemnify the co-signer. If the primary borrower refuses to pay the co-signer, the co-signer can sue the car owner to recover what he paid for the car owner.
The co-signer is typically a person who signs for the car loan; the co-signer may or may not be listed as a co-owner on the title. If the co-signer is also a co-owner, the co-owner who is paying the loan can legally take the car. However, if the co-signer is not a co-owner, taking the car would be grand theft auto. Incidentally, if the co-signer is not also a co-owner and the loan falls into default, both the signer and the co-signer will be identified in credit reports as defaulting on a car loan, even though the co-signer did not have or use the car.
You need to sign the Certificate of Title over to the co signer so that the vehicle can be legally registered in the name of the co-signer.
You need to sign the Certificate of Title over to the co signer so that the vehicle can be legally registered in the name of the co-signer.
You can report it stolen but they wont do anything once they find out a co owner has the car. They cant steal a car they own.
The automobile's title/registration determines the legal owner of the vehicle. Loan documents only concern the signer's legal responsibilities with the bank. If both names are on the title and you as primary are not paying on the loan then it is the responsibility of the co-signer to pay the loan. Since the the co-signer is still co-owner, and they are paying then the co-signer can take the car away. Remember this is affecting the co-signer's credit as well as your credit.
can a primary co signer take the car away from a secondary co signer
The co-signer can sue the primary debtor for reimbursement of what the co-signer pays the creditor.
Anyone can sue anyone for almost anything. Winning and collecting any judgment is another thing.
If there is a co-signer on a loan for a car, the person who is making the regular payments is usually the owner of the car. Unless, the car is registered to the co-signer, the person making the payments owns the vehicle.
The co-signer would make the payments as usual and at the end of the financing, the owner would sign the title over to the co-signer. That is probably not good because the owner would still be financially responsible for the vehicle. The co-signer should refinance it in their name.
If you are the only person making payments on a car and you are the primary owner. If the co-signer takes the car and will not give you the car back is there any way to get the car back in your possesion?
The only way that a co-signer can take possession of the vehicle is if they are listed on the title as a co-owner. Even if they are a co-owner, they cannot just take the vehicle. They would need to sue the primary borrower in court to gain possession.