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AttorneyTom, Attorney
Category: Consumer Protection Law
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I live in Tennessee and I have brought a car with a co-borrrower

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I live in Tennessee and I have brought a car with a co-borrrower because I'm a student and couldn't qualify without additional income. Now the co borrow is mad at me and came to my house and took the car. Can he legally do that? I am current on the loan payments and both of our names are XXXXX XXXXX title.
Submitted: 5 years ago.
Category: Consumer Protection Law
Expert:  AttorneyTom replied 5 years ago.
Thank you for the opportunity to answer your question. I am sending this answer to you only a few minutes after you submitted your question.
I'm sorry to hear about the situation. If both of your names are XXXXX XXXXX title, it wouldn't be a criminal matter because, technically, he is a co-owner of the vehicle. You both have legal claims to the car. However, since you are the one who makes all the payments, does the maintenance, etc., and since your original agreement with the cosigner was such that you would possess the car and he would cosign, you would have an equitable claim to the car. In other words, even though you both technically own the car, the court would look at what is fair to make it's decision. You'll want to retain an attorney for the matter. A simple demand letter from your attorney may be enough to resolve it and get him to return the car. However, if it's not, you can file a lawsuit and attempt to recover the car and your attorney's fees and court costs.
Customer: replied 5 years ago.
is there any way he can pay off the loan and sell the car before I can go to court. He is threatening to sell the car so I will talk to him.
Expert:  AttorneyTom replied 5 years ago.
If the title says *Your Name* AND *His Name*, your consent would be necessary to sell the car. If it says OR instead of AND, he could sell the car without you.
If he's threatening to sell the car, your attorney could seek an injunction to prevent that. Further, if he does so, that could affect the extent of his financial liability to you, as he would have to compensate you fairly for what you paid toward the vehicle. Therefore, selling the car may work against him, but you definitely want to hurry and retain an attorney to notify him of the consequences and your intent to take action.
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