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Q: What if the primary borrower can not pay for the house can the cosigner let the house go?
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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.


If the car was repossessed will the cosigner still be responsible for the loan if the primary borrower files for bankruptcy?

NO, as long as he co-signed the loan, he is standing good for the payment. They can get a judgment against him and garnishee his wages . Dont let that happen to your Dad.Take Care of Your Business.


Can a cosigner have their name taken off a debt?

The purpose of a co-signer is to guarantee payment by the primary borrower whose credit record isn't good enough to obtain the loan on their own. The lender will not release the cosigner because if the primary party fails to make the payment it is the responsibility of the cosigner to pay. The co-signer has promised to pay off the loan if the primary borrower defaults. That's how the borrower got the money! It is rare, and would be exceptional, for a creditor to allow a co-signer to be released from liability from an outstanding debt. Usually, the only way this can be accomplished would be for the primary borrower party to refinance the loan in their name only. Call the creditor to see what options are available. At the very least, let this be a lesson you learn from. When you co-sign for someone else, you are taking a risk that a creditor (who lends money as a business) is unwilling to take. There is always a reason they won't take that risk. Why would you?


Can a cosigner have their name removed from the loan?

The loan must be paid off or refinanced in the name of the primary borrower alone. A cosigner is equally obligated for the debt until the loan is paid or refinanced in the name of the primary borrower. The co-signer can't easily be removed from the debt. The reason you have a cosigner in the first place is because the primary borrower may not have had a sufficient credit rating or prior loan payment history. If the loan balance can't be paid off, the only option is for the loan to be refinanced without the co-signer. The primary borrower must be willing and qualified to refinance. You must discuss it with the lender. If the primary borrower's credit rating has improved since they took out the loan, the lender may give them a new loan to pay off the old one. Absent the primary borrower being able to get a loan on his/her own a co-signer can be removed only if the lender is willing to let you off the hook. That's not common, and why should they? Typically a parent will co-sign for a child with no credit history, a business owner will co-sign as an individual for his business, or, a partner or parent who is not on the deed will co-sign a mortgage. If you co-sign a loan for another party and they default on the loan, you are responsible for paying the loan. You guaranteed it.


Is a cosigner responsible for making payments on a car loan if the primary borrower does not?

That is exactly why the lender insisted on a cosigner. They didn't believe the borrower could/would make the payments. Cosigning means "I will pay if he/she doesn't." You are certainly responsible for the actions of primary to the extent of the loan....but consider after that it will be situational on what other liability could extend to you - certainly those are situations no one would want to be in! A cosigner is only needed because the primary doesn't have adequate credit rating/history for the needed loan. Hence, the cosigner needs to have credit good enough to qualify for the loan, and secure enough that they can risk much of what they have historically established for likely no real benefit - on someone others won't risk anything for, even with a possible very good business gain. Understand, being a cosigner is essentially the exact same as getting a loan - the cosigner is just as liable as if he got the loan on his own..in fact he needs to be more responsible. He now has to take on the obligations of the primary too, if needed, likely without the control, posession or benefit of what was purchased. Which is to say, if someone buys something for themselves, on their own credit, and then loses their job (or whatever) and has problems paying, they can sell the item and pay off (all/much of) the obligation. For many reasons, a cosigner may not be able to. And let me be clear, it is frequently shown that people who are irresponsible about their own credit (regardless of why it got that way) are even more irresponsible about others credit and obligations -- and this extends to obligations like those that come with owning/maintaining things. Things that may have your name connected to them.

Related questions

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.


If the car was repossessed will the cosigner still be responsible for the loan if the primary borrower files for bankruptcy?

NO, as long as he co-signed the loan, he is standing good for the payment. They can get a judgment against him and garnishee his wages . Dont let that happen to your Dad.Take Care of Your Business.


Can a cosigner have their name taken off a debt?

The purpose of a co-signer is to guarantee payment by the primary borrower whose credit record isn't good enough to obtain the loan on their own. The lender will not release the cosigner because if the primary party fails to make the payment it is the responsibility of the cosigner to pay. The co-signer has promised to pay off the loan if the primary borrower defaults. That's how the borrower got the money! It is rare, and would be exceptional, for a creditor to allow a co-signer to be released from liability from an outstanding debt. Usually, the only way this can be accomplished would be for the primary borrower party to refinance the loan in their name only. Call the creditor to see what options are available. At the very least, let this be a lesson you learn from. When you co-sign for someone else, you are taking a risk that a creditor (who lends money as a business) is unwilling to take. There is always a reason they won't take that risk. Why would you?


Can a cosigner have their name removed from the loan?

The loan must be paid off or refinanced in the name of the primary borrower alone. A cosigner is equally obligated for the debt until the loan is paid or refinanced in the name of the primary borrower. The co-signer can't easily be removed from the debt. The reason you have a cosigner in the first place is because the primary borrower may not have had a sufficient credit rating or prior loan payment history. If the loan balance can't be paid off, the only option is for the loan to be refinanced without the co-signer. The primary borrower must be willing and qualified to refinance. You must discuss it with the lender. If the primary borrower's credit rating has improved since they took out the loan, the lender may give them a new loan to pay off the old one. Absent the primary borrower being able to get a loan on his/her own a co-signer can be removed only if the lender is willing to let you off the hook. That's not common, and why should they? Typically a parent will co-sign for a child with no credit history, a business owner will co-sign as an individual for his business, or, a partner or parent who is not on the deed will co-sign a mortgage. If you co-sign a loan for another party and they default on the loan, you are responsible for paying the loan. You guaranteed it.


If your daughter's car is in your name and she is not paying can you let it get repossessed without ruining you and your spouse's credit rating?

No. You are the primary borrower, and it will be entered as a repo. on your credit report.


Is a cosigner responsible for making payments on a car loan if the primary borrower does not?

That is exactly why the lender insisted on a cosigner. They didn't believe the borrower could/would make the payments. Cosigning means "I will pay if he/she doesn't." You are certainly responsible for the actions of primary to the extent of the loan....but consider after that it will be situational on what other liability could extend to you - certainly those are situations no one would want to be in! A cosigner is only needed because the primary doesn't have adequate credit rating/history for the needed loan. Hence, the cosigner needs to have credit good enough to qualify for the loan, and secure enough that they can risk much of what they have historically established for likely no real benefit - on someone others won't risk anything for, even with a possible very good business gain. Understand, being a cosigner is essentially the exact same as getting a loan - the cosigner is just as liable as if he got the loan on his own..in fact he needs to be more responsible. He now has to take on the obligations of the primary too, if needed, likely without the control, posession or benefit of what was purchased. Which is to say, if someone buys something for themselves, on their own credit, and then loses their job (or whatever) and has problems paying, they can sell the item and pay off (all/much of) the obligation. For many reasons, a cosigner may not be able to. And let me be clear, it is frequently shown that people who are irresponsible about their own credit (regardless of why it got that way) are even more irresponsible about others credit and obligations -- and this extends to obligations like those that come with owning/maintaining things. Things that may have your name connected to them.


If you claim chapter 7 bankruptcy can they go after your cosigner for money?

Typically, yes. When a person co-signs a loan they are EQUALLY responsible for the debt. When one party files for bankruptcy they are not going to be responsible for payment unless it falls within a category of non dischargeable debts (in which case they would) but you should let them know of the almost certain liability. Beyond the requirement to pay for the debt, the cosigner may also have to pay late fees or collection costs associated with a default on the loan. The creditor can use the same collection methods against the cosigner as against the primary borrower. If the primary borrower doesn't pay and goes into default, it will ruin the cosigners credit. Cosigning on another person's debt may affect your own ability to receive loans. The debt is also considered yours and raises your own outstanding balance. Cosigning a loan for a son or daughter might affect your estate or gift tax exemptions.


Is it possible to be removed as a co-signer on a loan if payments are not late?

The only way to be released as a co-signer is to have the primary borrower refinance the loan in their name only or with a different co-signer if one is required. Absent primary borrower being able to get the/a loan on his/her own and pay you off, only if the lender is willing to let you off the hook. Not common, and why should they? Your probably better off working with the primary to get as much out of the asset now, (sell it for value, not have it repo'd and sold for little value), and avoid having late fees, interest, repo and legal costs, etc. added to the loan amount. (They will be). The lender may well work with you to mitigate any loss and make things happen. You were a cosigner as a responsible party.....BE RESPONSIBLE.


If you co-sign for a car is there any way to get out of it?

PAY the loan off. Absent primary borrower being able to get the/a loan on his/her own and pay you off, only if the lender is willing to let you off the hook. Not common, and why should they? Your probably better off working with the primary to get as much out of the asset now, (sell it for value, not have it repo'd and sold for little value), and avoid having late fees, interest, repo and legal costs, etc. added to the loan amount. (They will be). The lender may well work with you to mitigate any loss and make things happen. You were a cosigner as a responsible party.....BE RESPONSIBLE.


Can you co-sign for anything with bad credit?

No, most lenders will be looking at your credit before they accept you as a cosigner. They are looking for someone responsible since you are in essence saying that you will be paying the loan if the primary signer can't for any reason--sickness, death, layoff, loss of job etc. It will be your job as a cosigner to follow up and making sure the primary person is making payments...if they are not you will need to. This will affect your credit if you let it go...and it will not be good. It could also last for years affecting both of your credit reports..


On page 3 of fannie Mae form 1003 section vii details of transaction line p cash from to borrower can someone let me know if money is being received back or owed by the borrower?

If line P on page 4 is negative, it is indicating a credit to the borrower. If it is positive, it is an amount the borrower has to pay.


What are some examples of Buy-to-Let deals?

An example of a buy-to-let is someone purchasing a piece of real estate or home with the primary purpose to rent out that land or house. It is primarily a British term.