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    cherkk's Avatar
    cherkk Posts: 14, Reputation: 1
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    #1

    Jan 24, 2012, 05:42 PM
    How to handle auto financing when co-signer passes away.
    I am very upset with a family member who quit making payments on her car just because my mother also her co-signer recently passed away. She said they turned it over for collection but can't touch the car. I realize she will never receive the title, but she is ruining my Mother's good name/credit. Can I do anything to see that she pays for this?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Jan 24, 2012, 06:24 PM
    Quote Originally Posted by cherkk View Post
    I am very upset with a family member who quit making payments on her car just because my mother also her co-signer recently passed away. She said they turned it over for collection but can't touch the car. I realize she will never receive the title, but she is ruining my Mother's good name/credit. Can I do anything to see that she pays for this?
    If your mother is dead, she no longer has credit, good, bad, or otherwise.

    The "family member" was the borrower on the loan which your late mother co-signed? Where do they get the idea that they can't touch the car. If the payments are not being made, the can certainly repossess it, sell it, and sue the borrower (as well as your mother's estate) for the deficiency.

    Does your mother's estate have a personal representative (executor)? That would be the person to force the borrower to pay.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jan 24, 2012, 10:09 PM
    Not sure why she thinks they can not touch the car. They can repo it, if she is not making payments. Why does she feel they can't touch the car.

    They will repo the car and then sue for the balance. Which means they will sue the estate of your mother. ( assuming she has one)

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