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I never had this problem with my '10 but, on this '13 I go though and setup all my settings, seats,mirrors, wheel, the way I want it and hit 1 until it beeps twice but, after I shut it off and get back in it goes back to the previous owners settings. I can hit 1 after that and it goes back to mine. How do I get rid of his and make mine the default?
When you come back to the car to go somewhere, evidently you're using a fob other than the fob that was programmed as #1. The car "knows" what fob you got in the car with and the fact that it's not #1.
As wayback suggested, use the other fob when you're ready to go somewhere.
There is a fob out there somewhere that will open and start your car. After you get another one, use these instructions to do the check of the glovebox slot and then the long procedure to erase all current fobs and add the two that you will have as #1 and #2.