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COSIGNING
A LOAN: A bad debt solution?
What would you do if a friend or relative asked you to cosign
a loan? Before you answer, make sure you understand what
cosigning involves. Under federal law, creditors are required
to give you a notice that explains your obligations. The
cosigner's notice states:
- 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. If you are in need of debt solutions, it is not a wise idea to cosign another's loan.
- 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.
*
Depending on your state, this may not apply. If state
law forbids a creditor from collecting from a cosigner without
first trying to collect from the primary debtor, this sentence
may be crossed out or omitted altogether.
Cosigners
Often Pay
Studies
of certain types of lenders show that for cosigned loans
that go into default, as many as three out of four cosigners
are asked to repay the loan. When you're asked to cosign,
you're being asked to take a risk that a professional lender
won't take. If the borrower met the criteria, the lender
wouldn't require a cosigner. Can you pay this or would that put you in severe debt?
In
most states, if you cosign and your friend or relative misses
a payment, the lender can immediately collect from you without
first pursuing the borrower. In addition, the amount you
owe may be increased — by late charges or by attorneys'
fees — if the lender decides to sue to collect. If the lender
wins the case, your wages and property may be taken.
If
You Do Cosign
Despite
the debt solution risks, there may be times when you want to cosign. Your
child may need a first loan, or a close friend may need
help. Before you cosign, consider this information:
- Be
sure you can afford to pay the loan. If you're asked to
pay and can't, you could be sued or your credit rating
could be damaged.
- Even
if you're not asked to repay the debt, your liability
for the loan may keep you from getting other credit because
creditors will consider the cosigned loan as one of your
obligations.
- Before
you pledge property to secure the loan, such as your car
or furniture, make sure you understand the debt solution consequences.
If the borrower defaults, you could lose these items.
- 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."
- Ask
the lender to agree, in writing, to notify you if the
borrower misses a payment. That will give you time to
deal with the problem or make back payments without having
to repay the entire amount immediately.
- 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.
- Check
your state law for additional cosigner rights.
Remember to involve yourself in good debt solution practices.
For
More Information
You
can file a complaint with the FTC by contacting the Consumer
Response Center by phone: toll-free 1-877-FTC-HELP (382-4357);
TDD: 202-326-2502; by mail: Consumer Response Center, Federal
Trade Commission, 600 Pennsylvania Ave, NW, Washington, DC
20580; or through the Internet, using the online
complaint form. Although the Commission cannot
resolve individual problems for consumers, it can act against
a company if it sees a pattern of possible law violations.
The
FTC publishes free brochures on many consumer issues. For
a complete
list of publications, write for Best Sellers,
Consumer Response Center, Federal Trade Commission, 600
Pennsylvania Ave, NW, Washington, DC 20580; or call toll-free
1-877-FTC-HELP (382-4357), TDD 202-326-2502.
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