Can Someone Sell a Car Without the Cosigner's Signature?
Full Question:
Answer:
Yes, he can. Joint ownership is characterized by the right of survivorship. When a Certificate of Title is in two names and one owner dies, the surviving owner would acquire the interest of the deceased owner. Joint ownership is identified by use of the conjunction or. Both owners are required to sign the original Application for Registration and Certificate of Title. However, only one signature is required to change ownership of this vehicle.
Example of Joint ownership: John Jones or Mary Jones.
Common ownership is characterized by the lack of the right of survivorship. Upon the death of one of two owners of a motor vehicle, the Probate Court will appoint a fiduciary (Administrator or Executor) to convey the deceased owner’s interest. A copy of the probate document will be required and should be attached to the Certificate of Title. In those cases where the estate of the decedent falls within certain monetary limits, the court may authorize the transfer of the deceased owner’s interest by letter. In this instance, a copy of the letter should be attached to the Certificate of Title. Common ownership is identified by use of the conjunction and. Both owners are required to sign the original Application for Registration and Certificate of Title, as well as all future transactions for this vehicle, unless probate documents are shown as mentioned above.
Example of Common ownership: John Jones and Mary Jones.
It is always best to get a written agreement from the borrower that the cosigner will be repaid if the borrower defaults. It may be possible to sue a primary borrower, such as when there was an agreement with the cosigner to repay the money, and what evidence exists regarding the agreements. If you obtain a promissory note and ultimately get a judgment for failure to pay the promissory note, it is possible to use the unpaid judgment to place a judgment lien on property, such as real property, bank accounts, vehicles, or other assets, or have wages garnished.
