When you cosign an auto loan, you use your name and positive credit history to help a friend or family member get the car they need. While you won't have any legal rights to the vehicle unless granted permission, you must be prepared to cover payments, late fees and collection costs if the borrower defaults.
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.
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.
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.
Responsibility for payments: If the borrower defaults, the co-signer is responsible for all loan repayments. No legal claim: The co-signer is not on the title and has no legal claim to the car.
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.
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.
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.
The lender can seek a deficiency judgment against you even though you didn't own the car and the person you cosigned for was supposed to make the payments. But if a car you cosigned for is repossessed, you still have rights when it comes to the sale and collection of the deficiency.
Removing a co-signer from a car loan requires the loan to be paid off. If there's a balance remaining, that amount must be refinanced. The primary borrower could possibly qualify alone, or a new co-signer may be needed.
“ When you cosign for someone else, you're lending them your name and good credit history. You're also making a legal commitment that you will be responsible for meeting the terms of the account if the primary borrower dies, loses a job or otherwise fails to make payments.”
You can remove the co-signer by refinancing your auto loan, receiving a co-signer release or paying off the loan. Before removing the co-signer, ensure your credit score is high enough to receive the same or comparable rate if you refinance.
When you co-sign a loan, you promise to pay off the loan in the event the primary borrower is unable to pay off the loan. A co-signer becomes necessary when the person applying for the loan doesn't have sufficient credit history, reliability or income to get the loan on his own.
In addition to having a good-to-excellent credit score, your potential cosigner will need to show that they have enough income to pay back the loan if you default on it. If they don't have sufficient income, they won't offset the lender's risk and may not be able to cosign.
A co-signer doesn't need to stay on the loan for the life of it, either. After making the required principal and interest payments, you can apply to release them and manage repayment on your own.
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.
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.
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.
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.
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.
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.
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.
If your circumstances have shifted and you need to get your name off a car loan, you can get a release, refinance, sell the vehicle or pay off the car loan. To avoid any future headaches, check with the other borrower to ensure you are fully removed from the co-signed or co-borrowed auto loan.