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The laws which define incompetency vary greatly from state-to-state. However, the competency issue would only be applicable if the person was proved to have been incapable of understanding the agreement when it was initially made. If the person was judged incompetent after the agreement, the contract in most cases will be deemed legally binding.

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Q: Is a cosigner still responsible for the car loan if they are declared incompetent?
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If a car was voluntary repossessed and the cosigner was not notified is the cosigner still responsible?

Yes. If you signed the loan, you are still legally responsible for it.


You want a divorce and now your wife wants you declared mentally incompetent?

You can STILL get divorced.


If a primary borrower defaults on a loan and the cosigner sues them will that prevent the lender from being able to take action against the cosigner?

No. The cosigner will still be equally responsible for the debt


When the cosigner dies is the spouse responsible for a repossion that she did not cosign for?

The spouse is not responsible and should not have this on her credit. But the estate of the deceased will still be responsible for the debt.


Is a cosigner's spouse responsible for the loan if he dies?

No you are not responsible but if your step daughter does not pay the loan they can still repossess the vehicle.


Is a cosigner responsible to pay a credit card debt if the credit card limits are increased from what was originally cosigned?

The creditor would likely claim the cosigner is still responsible, but unless it is in the original agreement that such increases are part of the contract the cosigner could make a case for being relieved of the responsibility or only being responsible for the origninally quoted amount.


Is the buyer still responsible for buying a vehicle if the cosigner refuses to sign?

The primary borrower is always responsible for the debt if he or she has signed a valid lending agreement. It would seem logical that if the lender required the primary to have a cosigner and the named person refused to take on that responsibility then the transaction would not occur.


Who has control of company vehicles with a cosigner?

Control in what sense? Sell them, transfer title? The cosigner guarantee's the loan on the vehicles and would need to agree to selling them and sign the title. You can use them for any purpose, do anything with them including burning them. You will still be responsible for the loan and if not you the cosigner will have to pay the loan off.


What if the primary borrower files bankruptcy is the cosigner still responsible for making payments on the vehicle Can the co-signer take their name off the vehicle?

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.


What happens to a cosigner of a car loan when the primary loan holder files bankruptcy and the loan is discharged and they do a voluntary repossession?

They can still come after the cosigner, and it will still reflect poorly on your cosigner's credit history. You have been absolved of the debt, not your cosigner.


If your new car was declared a total loss in an accident are you still responsible for paying the finance charges?

Yes if the amount your insurance company paid did not cover the amount you still owed on the car. You are still responsible for the difference.


Can a cosigner let a lender foreclose on a house instead of making payments when the primary borrower has defaulted?

Yes, but the cosigner will still be legally responsible for any outstanding fees, penalties, deficiencies and so forth that may occur due to the foreclosure. The cosigner's credit will also be significantly damaged by the foreclosure and any other action by the lender.