If you cosigned a car loan and now want to take possession of the vehicle, start with this reality: cosigning made you responsible for the debt, but it almost certainly did not make you an owner. To actually get the car, you’ll need one of three things — the borrower’s cooperation to sign the title over, the lender’s agreement to let you assume or refinance the loan, or a court order. Here is how to take possession of a car you cosigned for without crossing into conduct that could be treated as theft.
Confirm Whether You’re a Cosigner or a Co-Borrower
Before you do anything else, pull two documents: the loan agreement and the vehicle’s title.
A cosigner guarantees repayment. Your name is on the loan, not on the title, and you have no legal ownership of the car. A co-borrower (sometimes called a co-buyer or co-applicant) shares both the debt and the title, which means you already have an ownership claim to the vehicle.
If your name appears on the title, your options widen considerably. If it doesn’t, you’re a guarantor with payment obligations and no automatic right to the car. Under the Uniform Commercial Code, self-help repossession after a default is limited to the “secured party” — the lender, not you.1Cornell Law School. Uniform Commercial Code 9-609 – Secured Party’s Right to Take Possession After Default Driving off with the car because you’ve been paying the loan is not a legal shortcut. It can expose you to criminal charges for vehicle theft or conversion.
Everything below assumes you’ve confirmed your status and are working within it.
Get the Borrower to Sign the Car Over
The fastest and cheapest path is a voluntary transfer. If the borrower has stopped paying, they may prefer handing over the vehicle to letting a repossession land on their credit report. Approach the conversation with a concrete proposal: you take over the remaining payments, they sign the title over to you, and both of you avoid a repossession.
Put the agreement in writing. Even with family, a signed document that states the transfer terms, the date, and each person’s responsibilities prevents the deal from unraveling later. If the borrower agrees verbally and then backs out after you’ve made a few payments, that written agreement becomes your evidence.
Once signed, you’ll take the title, your ID, proof of insurance, and any required fees to your state’s DMV to record the transfer. The lender will also need to be looped in, because their lien is still on the vehicle.
Work With the Lender
Contact the lender early. Once a borrower defaults, the lender’s priority is getting paid, and your willingness to step in gives you room to negotiate. What you can do depends on the lender’s policies, but the common options are:
- Catch up on missed payments. This stops the default clock and protects both credit files, but it doesn’t change who owns the car.
- Assume the loan. Some lenders will let you formally take over as the primary borrower, which is the cleanest route to also getting the title in your name. Ask directly; not all lenders offer this.
- Refinance in your own name. If assumption isn’t available, apply for a new loan in your name to pay off the existing one. The old loan closes, the borrower’s obligation ends, and you become the sole owner.
- Sell the car with the lender’s permission. If you don’t want to keep it, some lenders will authorize a private sale, which usually brings a higher price than a lender auction and reduces any deficiency balance.
Timing matters. Reaching the lender before the account is seriously delinquent gives you more leverage than calling after the car has been flagged for repossession.
Use a Replevin Action if Nothing Else Works
When the borrower refuses to cooperate and the lender won’t intervene the way you need them to, your remaining option is a court order. A replevin action is a lawsuit to recover personal property that another person is wrongfully holding. If the court grants the order, law enforcement can help you take physical possession.
Replevin is most straightforward when you’re a co-owner on the title, because you can point to a clear property right. For a cosigner who isn’t on the title, the argument is harder. You’d typically need to show that you’ve been making the loan payments, that the borrower has defaulted, and that equity entitles you to possession of the collateral you’re paying for. Courts don’t always agree, and outcomes vary by state. This is the point where a lawyer who handles contract and property disputes becomes close to essential.
Filing a replevin action involves court fees, a petition laying out your claim, and often a bond equal to the vehicle’s value that protects the borrower if the court eventually rules against you. Some courts offer expedited hearings because the car can lose value or be damaged while the case is pending.
Transfer the Title Into Your Name
Getting the keys is only half the job. Without a title in your name you can’t legally register, insure, or sell the vehicle. How you handle the transfer depends on how you got the car:
- Voluntary transfer from the borrower: bring the signed title, ID, proof of insurance, and the DMV’s required fees.
- Loan assumption or payoff: the lender issues a lien release, which you use to apply for a new title.
- Court order: bring the replevin order to the DMV along with your other documents.
Some states require a Certificate of Repossession or a similar form when a vehicle changes hands outside a standard sale. Title transfer fees vary by state but typically run between $15 and $75. Many states also require a current emissions test or safety inspection before issuing new registration. Check your state DMV’s site for the exact forms and fees.
Insure the Car Before You Drive It
Once you have physical possession, you need insurance immediately. The borrower’s policy likely won’t cover you as the driver, and if they cancel it, you’re driving uninsured. Call your own insurer before you take possession. Ask about adding the vehicle to your existing policy; you’ll need the VIN and may need to show the loan documents or a title in progress.
If the loan is still in the borrower’s name, some insurers will still write a policy as long as you can show insurable interest, which your cosigner obligation provides. Some states impose liability on the registered owner for accidents regardless of who was driving, so getting the title and registration into your name quickly limits your exposure.
Handle Any Personal Belongings Left in the Car
If the borrower’s personal items are inside when you take possession, don’t discard them. Many states require you to give the borrower a reasonable chance to retrieve personal property, and some require written notice describing what was found and how to claim it.2Federal Trade Commission. Vehicle Repossession
Photograph the contents, store them separately somewhere secure, and send the borrower written notice listing the items with a specific pickup deadline. Even where the rules are vague, tossing someone’s belongings can trigger a property claim that undermines the financial position you’re trying to protect.
Recover What You Paid From the Borrower
If you end up paying the loan, you have a legal right to pursue the borrower for reimbursement. Two grounds usually apply. Under equitable subrogation, once you’ve paid the borrower’s debt you step into the lender’s shoes and can assert the lender’s claims against them. Under contractual indemnification, many cosigner agreements include a reimbursement clause; even without one, courts in most states recognize a cosigner’s right to contribution.
Keep the records that make the claim provable: the original loan agreement, receipts for every payment you made, correspondence with the lender showing the default, and a written demand to the borrower for repayment. A demand letter before filing suit is both practically and legally wise, since it shows the borrower refused to pay voluntarily. If the amount owed is within your state’s small claims limit, you may be able to handle the case without an attorney.