That's up to the lender. However, this situation should raise a big red flag for the person who has agreed to be the co-signer.
A co-signer is equally responsible for paying the loan. If the primary borrower fails to pay the co-signer will be held fully responsible for paying the balance of the loan even if the primary wrecked the car or lost it by some other means. If there is a default on the payments the credit records of both will be ruined. Co-signers should think before taking on financial responsibility for someone with a poor credit record or someone who doesn't have a steady job or someone who cannot afford to buy and maintain a car.
The bottom line is, if you need a co-signer, you should not be buying a car. Take the bus or ride a bike.
No. The purpose of requiring a co-signer is that in the case of a default by the primary borrower, the cosigner has agreed to be fully responsible for the loan. Therefore, if the borrower defaults, that's what you're there for if you're the cosigner.
Does the cosigner have lega recourse monetary damages when the primary borrower defaults on a vechicle loan
The cosigner has the same legal obligations to repay the debt as does the primary borrower. If the primary borrower defaults, the lender can begin proceedings to collect the full amount owed plus applicable fees from the cosigner. A cosigner can be sued just as can the primary borrower. And if the primary borrower claims bankrutpcy, the cosigner will still get "stuck" with the debt. The credit report of the cosigner will be equally affected, either in a positive or negative way, depending upon the circumstances.
Yes. But for now the lender has you and will get their money from you as they would the primary borrower. Cosigning is a really, really bad idea. At least for the cosigner. Everyone else seems to benefit.
No, but if the borrower misses enough payments, the cosigner will start getting collection calls as well.
Yes, the cosigner/co-borrower has the same legal responsibility to repay the debt/loan as does the primary borrower. If the primary defaults the creditor can attempt to collect from the co-borrower before the primary borrower.
When the primary borrower defaults the cosigner becomes legally responsible for the loan. If the cosigner is not able to pay the loan he or she can also be subject to legal action by the lender and the cosigner's credit score will be seriously affected.
Yes!
No. A cosigner's only obligation is the debt incurred by signing the lending agreement.
Cosigner
The primary borrower is responsible for making the payments and adhering to the terms of the lending contract. The cosigner is legally obligated only if the primary borrower defaults on the lending agreement or files bankruptcy (chapter 7).
A Co-signer is always responsible for the item unless the primary borrower refinances and removes the co-signer. Unfortunately if the primary borrower filed bankrupcy it doesn't seem likely they will be able to refinance. Yes. Cosigner means that if for ANY reason the main borrower cannot pay, cosigner will be responsible to pay.