- Finance Articles
- Credit and Debt
- Thinking About Co-Signing a Loan for Someone?
Thinking About Co-Signing a Loan for Someone?
- By Mary Lan Tomkins
- Published 06/19/2009
- Credit and Debt
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You are being asked to guarantee this debt. Think carefully before you do. If the borrower does not pay the debt, you will have to. Be sure you can afford to pay if you have to, and that you want to accept this responsibility. You may have to pay up to the full amount of the debt if the borrower does not pay. You may also have to pay late fees or collection costs, which increase this amount. The creditor can collect this debt from you without first trying to collect from the borrower.* The creditor can use the same collection methods against you that can be used against the borrower, such as suing you, garnishing your wages, etc. If this debt is ever in default, that fact may become a part of your credit record. This notice is not the contract that makes you liable for the debt. |
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Be sure you can afford to pay the loan in case of default. It is only smart to anticipate the worst, and don't do it if you can't afford the payments. If the lender asks you to pay and you can't do it, you could be sued and your credit rating could be damaged.
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Co-signing for the loan may hurt your ability to gain new credit elsewhere. Creditors will consider the co-signed loan as one of your obligations, even if you haven't been asked to repay the loan.
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Before you pledge property to secure the loan, such as your car or furniture, make sure you understand the consequences. If the borrower defaults, you could lose these items.
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Ask the lender to calculate the amount of money you might owe. The lender isn't required to do this, but may if asked. You also may be able to negotiate the specific terms of your obligation. For example, you may want to limit your liability to the principal on the loan, and not include late charges, court costs, or attorneys' fees. In this case, ask the lender to include a statement in the contract similar to: "The cosigner will be responsible only for the principal balance on this loan at the time of default."
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Ask the lender to notify you right away if the borrower misses a payment, and get the agreement in writing. That way you you'll have time to deal with the problem directly with the borrower or make back payments without having to repay the entire amount immediately.
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Make sure you get copies of all important papers, such as the loan contract, the Truth-in-Lending Disclosure Statement, and warranties — if you're cosigning for a purchase. You may need these documents if there's a dispute between the borrower and the seller. The lender is not required to give you these papers; you may have to get copies from the borrower.
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Check your state law for additional cosigner rights.