Co-signing A Loan Is Risky Business
Military.com | Robert D. Gifford | January 24, 2006
If you are fortunate enough to enjoy some financial stability,
then you may have friends or family members who look to you for
financial assistance. While one may choose to give advice or money to
someone in need, you should consider co-signing a loan for another
person only with extreme caution. It is an entirely separate
issue when you buy a home or vehicle with a spouse in joint ownership
(often referred to as "joint tenancy"). But when co-signing a loan with
anyone else - even a child or parent - you should be aware of the
serious financial ramifications that come with placing your name on the
dotted line. Co-signing a loan takes on the same significance as
if the loan is for yourself. Many good Samaritans do not realize that
co-signing places the full financial responsibility on them for that
obligation. Regardless of who actually enjoys the use of the property
and who is "supposed" to make the payments, the co-signer is on the
hook for all of it. If the primary borrower (the person on whose
behalf you co-signed the loan) fails to make the payments in a timely
manner or in full, the bank will pursue the person that has the better
ability to pay. Unfortunately, that person probably is you. The
first response from the co-signer may be, "Why are they coming after
me? What about the other person?" Most people naively assume that
the lender will first exhaust all means necessary to obtain the money
from the primary borrower. However, the co-signer often does not take
the time to actually read the contract until the lender comes knocking.
The fine print typically calls for the co-signor to allow the lender to
choose whom they want to pursue. If the lending institution has a
better chance of getting the money from you, then it may not waste time
on a delinquent primary borrower. Before you ever agree to
co-sign a loan, it is imperative for you to understand that you signed
a binding legal contract, which holds you responsible for the entire
debt obligation. The contract often is a standard form that has been
scrutinized time and time again, and thus will survive any challenge to
its enforceability. If the primary borrower does not pay, the
outstanding debt first is reported on your own credit report. Next, the
usual step is that a collection agency will seek to collect the entire
debt from you, rather than the primary borrower, through harassing
calls and mail. You will find yourself the target of a lawsuit if
you do not settle with the collection agency or the lender opts not to
use a collection agency. If the amount owed is relatively low - usually
less then $5,000 - it may be pursued by the lender through small claims
court. Since you voluntarily co-signed the loan, you likely will lose
the case and the court will order a judgment in the amount of the loan
plus interest, legal fees and court costs. You will be required to
disclose your assets and, in extreme cases, you could even lose your
home. If the person with whom you co-signed the loan makes timely
payments and is on track to satisfy the debt, then everything is fine -
right? Not necessarily. For example, a bank may turn you down if you
apply for a loan due to the financial liability you owe as a co-signor.
Because of your high debt obligations, including those as a co-signer,
the bank will consider you an excessive "risk." Caveat emptor is
a well-known Latin phrase meaning, "Let the buyer beware." When it
comes to co-signing a loan, the best advice may be very simple: "Run!" Maj. Robert D. Gifford is an Army
Reserve Judge Advocate with the 22nd Legal Support Organization and
previously served on active duty in Bosnia, Fort Knox and Fort Sill.
Maj. Gifford serves as an Assistant U.S. Attorney for the District of
Nevada. The views expressed in this article do not necessarily reflect
those of the Department of Justice or Department of Defense. (c) 2006, InCharge(r) Institute of America, Inc. All rights reserved.
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