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Cosigning a Loan -- Good for Online Debt Consolidation/Debt Repair?
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 cosigners 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. This can put you in debt, and you may end up requiring online debt consolidation/debt repair services.
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. Then, you may be stuck getting an online debt consolidation loan, or going through a credit counseling agency.
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.
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 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, resulting in bad credit ratings, online debt consolidation loans, and more.
-
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 consequences. If the borrower defaults,
you could lose these items, then end up obtaining an online debt consolidation loan for the rest of your bills.
-
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.
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 consumer issues, 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 in the U.S. and abroad.
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