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.
• 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 may 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, the fact may become a part of your credit record.
*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.
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 risks, there may betimes 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 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 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 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.
For More Information
The FTC works for the consumer to prevent fraudulent,
deceptive and unfair business practices in the marketplace and to provide
information to help consumers spot, stop and avoid them. To file a
complaint, or to get free information on any of 150
consumer topics, call toll-free,
1-877-FTC-HELP (1-877-382-4357), or use the
online complaint form.
The FTC enters Internet,
telemarketing, identity theft and other fraud-related complaints into
Consumer Sentinel, a secure, online database
available to hundreds of civil and criminal law enforcement agencies U.S.
and abroad.
Back Forward
©AllAboutCreditRepair.com 2001-2005
The above Consumer Credit Information is provided by the Federal Trade Commission, Washington D.C. |