My question involves an auto loan or repossession in the State of: ARIZONA, PIMA POUNTY
In late October,my best friend's car died. After a week of getting up at 1 in the morning to drive her to work and letting her drive my brand new car to work, I began looking for her another car.
First off, my friend lives below the poverty level and receives public assistance and has a credit score of 419, with more collectors after her than you can shake a stick at. The collections people we did not know about until after the fact. I found a nice one owner car, reliable, good gas mileage, excellent condition, so one Sunday afternoon,myself,my husband and my best friend went to look at it. After deciding that the car would be perfect for her needs, she filled out the paper work and of course, it immediately came back, "Sorry Ma'am, your credit report and payment history sucks. The only way you can get this or any car is to have a cosigner".
My husband and I walked around outside trying to decide if he would be willing to co-sign. Basically we felt bad. We didn't want her to lose her job and the only financial source she had due to not being able to get to work and we didn't want the kids to not have a car since both needed ferrying around quite a bit. Due to my being partially disabled and only making $300. a month babysitting my toddler grandson,me cosigning wasn't going to work. So my husband decided to. He expressed to my best friend that she would never be a day late on her payments, that she immediately get proper and full coverage and if she failed to do any of those things then we would take the car. My husbands name is first on the loan, first on the registration and will be first on the title, once the car is paid for. He expressed all of this to her and got her agreement to these terms before signing on the dotted line. A week after she got the car she informed me that she had lied and basically committed fraud when she filled out the loan application paperwork at the dealership. My husband was horrified when I told him.
Flash forward to 3 weeks later and my best friend suddenly stops calling, stops coming by, stops texting. We also during this time receive notification from Wells Fargo that they have not received proof of full coverage insurance and they are threatening to buy it and make my husband pay for it.
At this point we wish to go get the car and either finish paying the loan, sell it, or turn it back in. Main problem, we don't have an extra key. She was supposed to get an extra key made to give to us. Are we within our rights to go have the car picked up by tow truck and rekeyed? Do we need a legal document to do this and if so, which court would we use to get an order to repossess the car? Please answer asap as this is causing a great deal of stress between my husband and me. Thanks so much, Have a great day and a Joyous Holiday Season.
In late October,my best friend's car died. After a week of getting up at 1 in the morning to drive her to work and letting her drive my brand new car to work, I began looking for her another car.
First off, my friend lives below the poverty level and receives public assistance and has a credit score of 419, with more collectors after her than you can shake a stick at. The collections people we did not know about until after the fact. I found a nice one owner car, reliable, good gas mileage, excellent condition, so one Sunday afternoon,myself,my husband and my best friend went to look at it. After deciding that the car would be perfect for her needs, she filled out the paper work and of course, it immediately came back, "Sorry Ma'am, your credit report and payment history sucks. The only way you can get this or any car is to have a cosigner".
My husband and I walked around outside trying to decide if he would be willing to co-sign. Basically we felt bad. We didn't want her to lose her job and the only financial source she had due to not being able to get to work and we didn't want the kids to not have a car since both needed ferrying around quite a bit. Due to my being partially disabled and only making $300. a month babysitting my toddler grandson,me cosigning wasn't going to work. So my husband decided to. He expressed to my best friend that she would never be a day late on her payments, that she immediately get proper and full coverage and if she failed to do any of those things then we would take the car. My husbands name is first on the loan, first on the registration and will be first on the title, once the car is paid for. He expressed all of this to her and got her agreement to these terms before signing on the dotted line. A week after she got the car she informed me that she had lied and basically committed fraud when she filled out the loan application paperwork at the dealership. My husband was horrified when I told him.
Flash forward to 3 weeks later and my best friend suddenly stops calling, stops coming by, stops texting. We also during this time receive notification from Wells Fargo that they have not received proof of full coverage insurance and they are threatening to buy it and make my husband pay for it.
At this point we wish to go get the car and either finish paying the loan, sell it, or turn it back in. Main problem, we don't have an extra key. She was supposed to get an extra key made to give to us. Are we within our rights to go have the car picked up by tow truck and rekeyed? Do we need a legal document to do this and if so, which court would we use to get an order to repossess the car? Please answer asap as this is causing a great deal of stress between my husband and me. Thanks so much, Have a great day and a Joyous Holiday Season.
Repossession: Can I repossess a car that I am the main cosigner on?
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