What authority does a cosigner have?

Asked by: Jacinto Rogahn  |  Last update: October 28, 2025
Score: 4.5/5 (17 votes)

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.

What legal rights does a cosigner have?

Being a cosigner does not give you rights to the property. A cosigner has no title or ownership in the property secured for the loan. Additionally, a cosigner has no legal right to occupy a home as a primary or secondary residence, unlike the primary signer/borrower.

What power do I have as a cosigner?

A co-signer is responsible for making payments if the borrower is unable to. But co-signers don't have legal access to the property or money from the loan. Co-borrowers share payment responsibilities too, but they also have equal rights to any properties or money tied to the loan in question.

How much control does a cosigner have?

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.

How can I legally get out of a cosigned loan?

lenders do not remove co signers from loans. The debt has to be retired. This can be done by paying it off directly or refinancing the loan.

Cosigner rights and obligations

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How do I protect myself as a cosigner?

5 ways to protect yourself as a co-signer
  1. Serve as a co-signer only for close friends or relatives. One of loan co-signing's biggest risks is potential damage to your credit score. ...
  2. Keep copies of all the loan documents. ...
  3. Create a contract. ...
  4. Track monthly payments. ...
  5. Ensure you can afford payments.

Can I sue someone for not paying a loan I cosigned?

Yes, you can sue the person you co-signed for if they don't make the payments they promised to make. You may be able to get a judgment against them in court, but it could be hard to collect that money since they didn't pay the debt in the first place.

What ownership does a cosigner have?

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.

Can you kick a cosigner out?

Removing your cosigner leaves just you to cover any late or missed monthly payments, so some lenders might make it difficult to remove the second person. Before you can remove a cosigner, you may have to prove that your finances and/or credit score have improved since getting the loan.

Can a cosigner get in trouble?

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.

Will removing myself as a cosigner hurt my credit?

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.

Can a cosigner take my house?

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 have their wages garnished?

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.

What power does a cosigner have?

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.

Can a cosigner go to jail?

However, in certain legal circumstances, the cosigner may face jail time. For example, in a case where the co-signer helped to facilitate the defendant's flight, provided false contact information, or in any way assisted the defendant in evading prosecution.

Can a cosigner legally take the car?

The answer is no, the cosigner has no legal right to take possession of the car. As a cosigner, you don't have legal ownership rights to the vehicle. In other words, a cosigner is on the vehicle's note (making them liable for the payments) but not the car title (which indicates ownership).

How can I legally remove myself as a cosigner?

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.

Can a cosigner sue the primary borrower?

Cosigners can take the primary borrower to court if the primary borrower fails to repay the loan or otherwise fails to fulfill the terms of their agreement.

How do you get someone off as a cosigner?

But if your circumstances change over time or your credit score improves and you would like to remove the co-signer from your loan, there are three primary options. You can refinance, get a co-signer release or pay off the loan.

What does a cosigner have rights to?

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.

Can a cosigner become the primary owner?

Remember, the primary borrower legally owns the vehicle, so an auto loan co-signer cannot take over without the consent of all parties and a refinance loan.

How long does a co-signer stay on a lease?

A co-signer typically stays on a lease for the entire duration of the lease term, which is usually one year for most residential leases. However, the specific duration can vary depending on the terms of the lease agreement and the policies of the landlord or property management company.

Can a cosigner take themselves off?

You can remove yourself as a co-signer, but it's not always easy. When you ask for a co-signer release, it's common to get turned down. When you co-sign a loan, you're taking on full responsibility for that financial obligation, along with the primary borrower.

What happens when you cosign and they don't pay?

The lender may take legal action against you, pursue you through debt collection agencies, or sell the debt to a “debt buyer” to try to collect the money that is owed on the loan if the borrower does not pay or defaults on his or her repayment obligations.

When a borrower fails to repay a cosigned loan?

If you cosign a debt and the borrower doesn't pay, in most every case you will be responsible for the entire debt. And, the lender does not have to try to collect from the borrower. It can look to you even if it might be possible for it to collect from the borrower.