The cosigner is legally responsible for the debt if the primary borrower can't make payments. Any late or missed payments can negatively impact both parties' credit scores. Furthermore, the cosigner doesn't have any ownership of the vehicle.
No. Cosigning a loan doesn't give you any title, ownership, or other rights to the property the loan is paying for. Your only role is to repay the loan if the main borrower falls behind on the payments or defaults.
A cosigner on a loan is legally responsible for the debt if the primary borrower defaults. Cosigning a loan will show up on your credit report and can impact your credit score if the primary borrower pays late or defaults. Cosigners may sign for student loans, personal loans, credit cards, and even mortgages.
Co-signers are only expected to pay back the loan if the borrower cannot. Additionally, a joint auto loan is typically for people who are going to split ownership of a car, whereas co-signers are simply helping someone else purchase a car; co-signers do not usually retain ownership.
If you are a cosigner on a car or other property loan, you don't have any right to own the property or assets if the primary borrower defaults. If the primary borrower defaults or can't make payments, you can try asking the lender to refinance with you as the primary borrower.
A co-signer takes on all the rights and responsibilities of a loan along with the borrower. This means that if the borrower can't make a payment on the loan, the co-signer is responsible.
What is a Co-Signer? A co-signer applies for the home loan right along with you. However, they are not on the title of the home. The co-signers name is only on the loan, meaning that while they are financially responsible for paying back the mortgage, they do not have ownership of the property.
Request release from a co-signed loan
Co-signers can make a written request to the lender to be released from a loan. In certain cases, like some student loans, there may be a provision that allows a co-signer to take their name off a loan.
A cosigner's sole responsibility is ensuring a complete loan repayment. A co-borrower ensures repayment but also helps pay the loan alongside the borrower and possesses property ownership rights. As a cosigner, you don't have property rights. However, you also forgo monthly payment responsibilities.
Removing a Cosigner from Your Auto Loan
If you're wondering “how to remove a cosigner from a car loan,” it is possible to do so. Contact your lender to discuss options. They will only agree if your credit history has improved to the point where you're not a risk to them.
But most states allow cosigners to take primary borrowers to court in the following situations: Cross claims: If you default on or fail to repay the loan, the lender could sue the cosigner for the money owed. The cosigner may then be able to sue you for the money that the lender is trying to recover.
Key Takeaways
Co-signers are responsible for repaying a loan if the primary borrower fails to do so. Co-signers have very limited rights compared with co-borrowers. It may be a good idea to create a written agreement with the primary borrower and to communicate regularly about the loan.
Acting as a co-signer can have serious financial consequences. First, co-signers assume legal responsibility for a debt. So, if the primary borrower is unable to pay as agreed, the co-signer may have to pay the full amount of what's owed. Second, a co-signed loan will appear on the co-signer's credit reports.
Being removed as a cosigner from a loan could potentially hurt your credit scores. How much your scores are impacted depends on the details of your credit profile.
Your best option to get your name off a large cosigned loan is to have the person who's using the money refinance the loan without your name on the new loan. Another option is to help the borrower improve their credit history. You can ask the person using the money to make extra payments to pay off the loan faster.
You can file an action in small claims court (in some states such as Georgia this is the Magistrate's Court) to recover any amount you have to pay on the borrower's debt, plus court costs. If you succeed, you may be able to recover some or all of your loss.
Additionally, the co-signer may need to pay attorney fees if legal action is required. Lenders can garnish the wages of co-signers. If the borrower and co-signer cannot repay a loan, the lender can sue the co-signer to garnish wages and even property in order to satisfy the repayment.
In most states, only the person on the title owns the car. Being on the note (loan) for the car typically does not give a person any ownership interest in a vehicle unless their name is also on the car's title. Again, this is a general rule.
Will I have ownership of the property if I cosign? No, you will not take on ownership if you're only a mortgage cosigner and not an actual co-borrower. As a cosigner, you're only guaranteeing the loan payment.
Can a cosigner repossess a car? It's important to know that taking possession of the car if the primary borrower defaults, or “taking matters into your own hands,” is not a legitimate substitute for legal action.
Unfortunately, since you have no legal rights to the vehicle, the primary borrower has to take the initiative to remove someone's name from the contract. Cosigners can't take possession of the vehicle they cosign for or remove the primary borrower from the loan since their name isn't on the vehicle's title.
Your credit rating could be damaged. If the lender sues and wins, your wages and property may be subject to garnishment or other collection actions. Even if the loan you cosigned is not in default, your liability for the obligation may prevent you from securing other credit.
Yes, a cosigner generally needs to show proof of income. They may be required to provide the same kind of proof-of-income documents as the primary borrower.