Ask the Readers: “Help! I Co-Signed on a Loan and Now I Wish I Hadn’t!”
Published on - July 23rd, 2010 (by J.D. Roth) Ah, relationships. Without other people, money management would be easy! Easy-er, anyhow. But love, family, and business relationships tend to make people do things they know they really oughtn’t.
Take Patrick, for example. He fell in love, and it led him to commit a financial faux pas. Here’s Patrick’s l-o-n-g story and his questions:
A couple years back, I met a girl, fell in love, and we moved in together. A few months into our cohabitation, her car died. Since we needed to separate cars for work, we went to a dealer to see what she could find in the way of a used vehicle.
After a long time sitting in an office, test driving a car, and running her credit (which was not very good), the dealer came back with an offer sheet for a high-interest, short-term loan with a payment of $750 a month, an impossible figure to work into her budget. She asked for a different deal, and they said, “This is the best we can do without a cosigner.” Hearing my cue to play the role of the “hero,” I stepped in, which cut the interest dramatically and the payment by half.
Now for the moment you’ve been waiting for: My girlfriend decided to move away, and she ended up in a different time zone. We stayed together for a bit, but realized it wasn’t going to work long distance and broke things off.
Following the break up, the situation with the car deteriorated. After never missing a payment before, she’s now only made one payment in full and on time — and she’s been gone over a year. Several times, she’s been over thirty days late on payments, and my credit has already taken a hit (though it’s still listed in the good/fair range).
But there have been other issues with the car. She lapsed on insurance once and neglected to tell them about a change in insurance another time. Both times, they took out insurance on the car at an astronomical rate for the times it looked like the car was uninsured and that money’s been added to the principle. She also neglected to register the car after she changed states and the registration on the car in my state expired more than ten months ago. For that time, she’s been driving around in an unregistered vehicle in both of our names.
I’ve contacted her to try and see when we’re going to get back to smooth financial sailing, but I get only false promises. She tells me she’ll make a payment on time, and then I’ll get a call ten days later from the bank saying it’s past due.
It does seem like she’s trying at least, and even though the payments come late, they do eventually come. I’ve suggested she sell the car, even if it is at a loss, but she’s not taken any action. The latest plan is to have another friend refinance it with her and get my name off the car, but that friend (who is financially solvent enough to pay off the whole car if necessary) has not yet stepped up to do so. Nothing I say to her has compelled her to do anything but give more promises.
So, fellow readers, what do I do? How do I untangle myself from this financial web to which I’m legally tied? Can I do anything at all? Or am I just a cautionary tale? Feel free to call me names. You can’t think me stupider than I’ve thought myself over the past year, so I am unafraid. The frustration and stress seems to be at a point where I need to find a solution, and not just label myself as “bad with money.”
Ah, Patrick. I feel for you. I really do. While I’ve never been in this situation, I know people who have. (One member of my family loaned another $20,000 and has never been repaid.) Plus, I’ve done some stupid things myself. I once shared an apartment with my cousin for a few months, and I’m fairly certain I never paid my share of the rent for part of that time. (It was almost 20 years ago, so I’ve forgotten the details.)
It’s important to note that not every financial transaction between family and friends ends in disaster. In fact, although there aren’t any stats on the subject, it’s likely that most transactions go smoothly. But the potential for trouble is so great that you should think twice — or thrice — before lending (or borrowing) money. Or co-signing on a loan. Ask yourself what would happen if the borrower never repaid. Or, as in Patrick’s case, the co-signer left town. How would it affect your finances — and your relationship?
You’re usually better off saying “no” rather than putting yourself in a position where you have to hound a friend for money. Which would make you feel worse: the momentary pain of telling a friend “no”, or the ongoing anguish of having a languishing loan destroy a friendship?
Despite these warnings, there are times we’re tempted to lend money to people we know. When this happens, be smart about it.
- First, discuss other options. Is there some other way you can help other than giving money or co-signing on a loan?
- This is important: Only lend money you can afford to lose! You may never see the money again, so don’t put your own financial well-being on the loan just because your girlfriend can’t afford a new car. (Sorry, Patrick.)
- Be clear about expectations. Draw up a payment schedule and discuss what happens if something goes wrong.
- Get it in writing. Don’t just hand over money without some sort of record. You can find all sorts of legal templates online. Use them.
- Deal with problems immediately. You may feel like a nice guy by not reminding your borrower that they’re 30 days past due, but you’re just setting yourself up for trouble. Communicate.
Having said all that, these guidelines don’t help Patrick solve his problem. These are things he should have done to avoid trouble in the first place. To be honest, now that he’s in trouble, I don’t know what his options are. Do you?
Have you ever loaned money to a friend? Co-signed on a loan? How’d that work for you? What sorts of legal protections did you take? If you’ve ever been in a situation similar to Patrick’s, how did you resolve things? Does Patrick have any legal recourse to repossess and then sell the car? How can he go about getting his ex-girlfriend to prioritize this debt?
GRS is committed to helping our readers save and achieve your financial goals.Savings interest rates may be low, but that’s all the more reason to shop for the best rate.Find the highest savings interest rate from Ally Bank, Capital One 360, Everbank, and more.
This article is about Ask the Readers, Debt, Real-Life, Relationships
Disclaimer: This content is not provided or commissioned by American Express. Opinions expressed here are author's alone, not those of American Express, and have not been reviewed, approved or otherwise endorsed by American Express. This site may be compensated through American Express Affiliate Program.
Discover is a paid advertiser of this site. Reasonable efforts are made to maintain accurate information. See the Discover online credit card application for full terms and conditions on offers and rewards.
SEARCH FOR RECENT ARTICLES




I have loaned money to family three different times and it has been problem all three times. However, the difference being I never co-signed and never lent more than I could afford to lose.
Unfortunately Patrick I think you’re out of luck here. Other than continually following up each and every month there’s isn’t much you can do. If you’re name’s on the car title you might have some legal recourse to sell or take physical possession of the car but you’d need to speak with a lawyer on that one. Aside from that I think you’re walking away with a good lesson to remember in the future
loading....
loading....
“and we moved in together.” First major mistake! You aren’t ‘bad with money’ – your judgement was clouded by lust.
Call the cops, report the car as stolen and once you have possession, sell it or return it to the dealer. Have her sign the title over to you. If she gets in an accident, you may have an even bigger headache.
Patrick, end this today. She is still using you and you are letting her. Man up and move on.
loading....
I think you should see a lawyer. He or she will probably be able to give you options that we had not though of. Ex-girlfriend, friend or no— every payment she does not make is ruining your credit. And, that is not a very nice thing for an Ex-girlfriend, friend or no to do. She may need the car, but it does not seem as if she is making the efforts required to own this car. Even though it’s hard to be tough with friends, family, etc. in these types of situations– you have to think of you and your goals first. I don’t think you are stupid– I think you trusted her. I also know that you are not the first to trust someone or loan money to a loved one, so no snarky comments from me.
That being said, the Bank of Patrick has to close.
loading....
Well if you’re debt free, live within your means, and don’t see yourself needing a loan in the next seven years, you could let the bank repossess it. You’ll take a hit on your credit score but if you don’t need credit you’ll be fine. Who needs a credit score if you pay for everything in cash? It’s a hard lesson, but a lesson learned.
loading....
You said your name was on the car, so if you do have your name on the title you will probably be able to take possession of the car and then sell it or do whatever you want. I’m not sure how one would go about that, though. Be prepared to never have a friendly word between the two of you again though. Even though you have the legal right to, she’s probably going to be pretty angry. Of course, I’d be pretty angry too if I were you.
loading....
S…
I think that is bad advice. Reporting a car stolen would only get Patrick in trouble. That is filing a false report with the police. She has every right to be driving that car. The police would pull her over and see her name on the title too. That would do nothing but compound his problems.
If she didn’t move far away, he could call up the local PD and explain the situation of registration and insurance. This would create legal problems for his ex, but more than likely the car will be impounded and Patrick can, as a legal owner, go collect the car himself.
loading....
Why would you have a friend try to refinance it with her? Then you and your friend would be stuck. No wonder your friend hasn’t contacted you. He/she doesn’t want to get stuck dealing with YOUR ex gf while he has a new headache on his hands, and you’re off the hook. I would go pick up the car and sell it as others have said.
Stop making excuses for her. When you say ‘it does seem like she’s trying’, that’s an excuse. If she was trying, she’d be paying her bills.
It seems that you have learned your lesson the hard way, and that’s unfortunate. Keep us updated as to what happens.
loading....
Yes, the only recourse at this point is through legal means. I would get to a lawyer immediately and discuss options for taking control of the vehicle, selling it, and paying off the loan.
Since you cosigned the loan, you are financially liable for payments and will not be able to file any claim against your ex to get money back that has been lost in that transaction. However, you can at least prevent any further issues. As said above, if she gets in an at-fault accident with that car, the wronged party will come after you.
This is an expensive “stupid tax”, but we’ve all been there. Never cosign a loan you aren’t willing and able to pay in full. Never lend money you need back.
Even if the recipient is a good risk, anything can happen. The other person can end up jobless or incapacitated in some way and unable to pay back what they owe. It’s not a wise risk.
loading....
Yeah, I’d skip S’s advice – we all make silly decisions when in love. Having said that, you should take control of the situation. She is clearly struggling to make payments in a timely manner, but she’s also able to make them. If I were you, I’d ask her to sign an agreement wherein you make the payments to the lender and she pays you. Then you can pay them on time, protect your credit rating, and still have some enforceable agreement with her to protect your money.
Of course, if you can’t afford that option, you’re out of luck. And if she doesn’t pay you, things will only get uglier.
If you can afford to get your own loan to buy out the rest of the balance on her car loan, you might be able to cut the expense to both of you. But I think the important thing to do here is take control of the financial transactions, as you’re clearly the more financially responsible party.
loading....
Seamus is right, S’s advice would get Patrick in some serious legal trouble. I would highly doubt that Patrick has any legal claim to the car at all. I’m guessing Patrick’s name is not on the title, and the ex-girlfriend is the sole owner of the vehicle, legally.
Just because you’re paying for something doesn’t mean you own it, or even have any claim to owning it. Patrick agreed to help pay the loan. That doesn’t give him any right of ownership of the car. It gave him a good justification for arguing why his name should have been included on the title, but if his name wasn’t added, then being a co-signer on the loan is not a substitute.
The worst part is, even if Patrick decides to torpedo his own credit and stop paying (to get the car repossessed and get himself out of this mess), the bank will come after him for the deficit amount (whatever is still owed on the loan after the car is repossessed and sold), rather than the ex. With 2 signers on a loan, the collectors will always go after the one from whom they believe they have the best chance of extracting money. In this case, that’s Patrick.
He really has two choices here:
1) Stop making payments, ruin your own credit, let them repossess the car, sue your ex-girlfriend for her share of the loan, pay a bunch of lawyers, drag it through the courts, wreck a bunch of relationships, spend a lot of nights angry and bitter.
2) Assume your ex-girlfriend is never going to make any more payments. Finish paying off the loan entirely on your own. Then forget about it. Consider it tuition in the school of life. Move on and never cosign loans for friends or relatives ever again. Find some closure and put it behind you.
loading....
Just because he co-signed the loan does not mean he is automatically included on the vehicle’s title. The loan documents and vehicle title are two completely separate documents.
Patrick has no legal claim to the car. Patrick cannot simply take the car.
On the flipside, if she does get into an accident while uninsured and/or unregistered, Patrick is not liable at all. Small consolation, I suppose, for being legally required to pay for a car on which he doesn’t have any ownership claim.
loading....
You will get a lot of emotional advice from people that have been burned on both sides. If this is the only thing tying you to your ex, I think I would work on a way to finish everything as soon as possible. The easiest way to that is to pay the car off yourself. This may not be a feasible option right now but work toward that end.
There will be many that tell you to ‘man up and stick it to her’. Instead, man up and accept responsibility for your part in this. Do your part to see that the situation is resolved in the best interest of everyone involved, including the bank that lent the money. In the long run, you’ll be better off with a slight temporary ding in your credit, than with years of bitterness and unresolved anger toward your ex.
loading....
@CB
Heh, I’m not sure if the bitterness and unresolved anger part is avoidable whatever route he takes unless the ex makes good on the deal.
“Hey, remember when you left me on the hook for thousands of dollars of your car payments and seriously screwed up my finances? Good times…”
loading....
As far as I can see, as you are not actually paying out money here, your best course of action is not to do anything. Sure, you will take a hit on your credit rating, but so what? At least you are not having to make the $750 a month payments. As far as I can tell this isn’t your problem, it’s your ex’s. The other thing you could do is try talking to the loan company concerned and see what they say. But, once bitten, twice shy. As Mark Twain said, “a man who tries to carry a cat home by its tail will learn a lesson that cannot be learned in any other way”. Good luck!
loading....
I have been on the opposite side of the co-signer coin. After college I was working a job where my income was based on commission. I made decent money, but because it was not consistent (and the short period of time I had worked there), it could not be counted towards calculations for income. I had a good amount in savings, and was ALWAYS on time with all other payments. So, my Mom helped me by co-signing on a house. Fast forward to today, 8 years later, and I would say it has only helped her credit. I make every payment on time, and in full (actually a bit extra). Just wanted to reassure everybody that not every friend/family co-sign ends badly!
Regarding Patrick’s situation… I hate to say it, but I think what others have said may be right. When you co-signed on that loan, you promised to pay if she didn’t. There was no “girlfriend clause” that would let you out if you broke up. I think you need to go visit her and have a long talk about what your friendship means to her. Let her know how it is hurting you when she doesn’t pay on time, and that if she still respects you she should get with it a little more. If that doesn’t work… maybe you will have to just have to do as Kevin suggested, considering it “life tuition”. Good Luck!
loading....
Wow, what a great topic! I’m really looking forward to reading the horror stories here, mainly because I know that I’m going to be able to identify – and deeply sympathize – with a lot of them.
In my case it was a close family member (actually, my own mother). I don’t wish to go into the details, but let’s just say that I lost about $9000, and that it wasn’t the first time that she’d ripped off family members, including her own children. Needless to say, we are now estranged from each other.
I now regard it as an expensive lesson, but a lesson well learnt. I’m not the only one out there, and neither are you. I wish for the best for you, Patrick!
loading....
Kevin…
Patrick states…
‘For that time, she’s been driving around in an unregistered vehicle in both of our names.’
I think this is why people are saying for him to go take the car. The assumption is that he is on the title.
loading....
I co-signed a loan for a “friend” so she could get a water bed. She promised me she’d make the monthly payment…she did for awhile but then lost her job..I’d make the payments for awhile..then she moved out of state. No payments were made…I was getting calls from the finance company. By now, I was married. We ended up taking her to our local District Justice’s office..basically suing her to make the payment. She finished paying off the bed and repaying me the money she owed me. I did not want the bed because her dog had chewed it beyond repair. When I tried calling her house, her mother gave me major attitude. I asked if I could come get the bed and was told absolutely not!
Lesson learned…NEVER cosign a loan for anyone else EVER!!!
Patrick, try going to your local justice’s office and see what you can do. Or just let the car get re-po’d.
loading....
Are you ready for this?
Depending on the state- he could ask for a divorce!
My husband did that after his “common law” marriage ended and his “spouse” moved out of state. It was the only way to legally separate their bills. If he is out West- he could check into it.
Of course most don’t want to go to that extreme (if I had wanted a divorce I would have married) but in most of the West common law is still on the books. If you have been living together (most for 6 months) and took financial responsibility together- then you ARE married.
loading....
I am Canadian, so this advice may not be directly applicable to the U.S., but under our law I would suggest the following:
1) Pay off the loan yourself, by refinancing it at a lower rate if necessary.
2) Sue the ex on any payments you had to make. Depending on where you live, the outstanding amount may fall within the jurisdiction of the small claims court. You do not need a lawyer for small claims court, and could get a judgment in less than a year. Where I live, the small claims court limit is $25,000.
3) Enforce the judgment immediately by obtaining a Notice of Garnishment against the ex’s wages. It will take a while to get your money back, but since the employer has a legal obligation to comply with the garnishment, you are removing control over the funds from your ex and avoid further hassles. In the meantime, you have prevented any further deterioration to your credit score.
There’s a German proverb applicable to this situation: “A scary end is better than an endless scare.” Obtain closure, both in the emotional and legal sense, and take the consequences you need to take.
loading....
Seamus:
I saw that part, but it still wasn’t clear to me that his name is on the title. I read that as Patrick possibly mistakenly believing that since his name is on the loan, then the car is in “both our names.”
Clearly, the loan is definitely in “both their names.” But he never explicitely stated that his name is definitely also on the title. Based on his apparent naivete and inexperience (as evidenced by the fact that he enthusiastically co-signed a car loan for a girlfriend), I assumed that he also lacked the savvy and knowledge to ensure his name was also included on the title. And if he wasn’t forcefully pushing for it to be included, why would anyone else involved in the transaction bring it up? Certainly, it’s to the girlfriend’s advantage not to have Patrick added to the title, so she obviously wouldn’t have brought it up (if it had even occurred to her). The salesman wouldn’t have cared either way – he was just focused on getting his commission.
So I’m still assuming Patrick is not on the title, and that the quote you pasted simply reflected his mistaken belief that having his name on the loan entitles him to some sort of material claim on the vehicle itself. Of course, it does not.
loading....
I am clueless as to what Patrick should do, but I will share my own experiences.
First off this is exactly why my wife and I refuse to co-sign on a loan with anyone. We have been asked by two of her sisters within the last two years to co-sign on a house for one and a car for another. In both cases we said “no way, not ever gonna happen.”
In the case of the sister that needed a car we decided that we would give her one of ours (it was paid off) and buy a new car for ourselves. That seems a bit selfish in a way but it was the best option. They could not afford a new car and we would be taking less risk by assuming a new loan of our own as opposed to co-signing on a loan for them. We did not even expect to receive any money for the car we gave, although she did pay us $1,000 over the next year. However with how spotty the payments were, it confirmed the fact that we were wise in not co-signing on a loan.
In the other case my sister-in-law was buying a house and we said no to co-signing on that. A year later they were getting foreclosed on but needed to have some work done before they moved out. So we loaned her $500. So far we have not received anything back and we do not really expect to ever get anything back. But we knew that going in. If we ever do receive it back it will be a nice bonus.
Moral of the story is I won’t ever co-sign on a loan. Feel free to loan friends and relatives money, but don’t expect to get it back. If you really need it, don’t loan it.
loading....
I’ve for one co-signed my mom’s car loan over 4 years ago. She’s since gone into bankruptcy, but she’s had the decency to have this particular loan excluded (not sure how one can do that, but it worked, the loan was never marked as in bankruptcy proceedings). She didn’t pay on time twice during those 4 years and my credit took a hit (it’s been 3 years now since then, so it’s recovered fully). She’s now in a better financial position, but the whole thing still put us into an uncomfortable position. She’s passed the car on to my next oldest brother who just got his license, luckily for me however, I am not on the title so I don’t have a legal liability if something happens to the car. That being said, I will NEVER co-sign a loan for anyone (other than my wife, and even there we have agreements drawn up that outline what happens if we don’t go on together) again. It’s a bad idea to co-sign, period.
loading....
I think we need more info aside from the title issues. How much is left on the loan? If it’s a nominal amount for Patrick, then I agree with those who suggest to pay it off and leave it and her behind. It looks like his ex-GF is in another time zone so the costs of getting an attorney or going out to sue her might be more costly in the long run.
This reminds me of recent student loan news stories where a doctor/lawyer has amassed tons of debt and where a parent has co-signed the loan, and thus the parent can be on the hook for payments. It’s a serious quandary. I’m actually glad that I never asked my parents to co-sign any of my student loans.
loading....
Hey JD. You should do a story about owning up to and correcting past financial mistakes. Now that you’re making good money, part of the story should involve paying your cousin a reasonable sum for the time you lived with him rent free. Or ‘gift’ him cash or presents of some value as thanks for ‘taking care of you in those difficult, less responsible’ days of yours.
loading....
One of my first jobs was working customer service at a credit card company. Thankfully I learned that Patrick has a great deal of company.
That said, after I’d been married approximately 6 months I cosigned a used car loan with my husband. After our divorce at 12 months, I called and hounded him every.single.month about the payment. I didn’t care what he thought, I didn’t want him to ruin my pristine credit.
Re: family, I’ve given my 7 & 9 year old children the family loan lecture. The kids chipped in to buy a box of fudge. 7 yo paid $3, and 9 yo paid $4. After they’d eaten the equally-divided fudge, 9 yo started hounding her sis about the 50 cents she “owed.” Lol. It starts early…
loading....
Dink (#5), I can see why Patrick doesn’t want the car to be repossessed. Yes, if he pays for everything in cash, he doesn’t really need to worry about his credit score. But what if he’s job hunting and wants a job in the financial sector (or even to be a cashier in a store)? A lot of places will run credit checks on a potential candidate if the job has anything to do with finances (eg, handling money, having access to customer accounts, etc.).
loading....
Every time I’ve cosigned on a loan, it has been with the assumption that I would pay it if things went wrong. My fiance had to cosign on a loan for me, but I’m finally where I can take him off of the loan, yay!
loading....
I have been in this situation, and it was a nightmare. Finally I repossessed the vehicle myself (which was a saga in and of itself), got an unsecured line of credit to pay it off (the car loan was upside down), sold the vehicle at a significant loss and finally paid off the unsecured line about 18 months later. Trust me, my shins were black and blue for weeks from the kicking I was giving myself. But I learned my lesson, and I am much more careful with my money, my credit and my name now.
loading....
I know someone whose father cosigned the loan on her very first car. Part of the deal was that they had an action plan in case something went wrong. For instance, she had to keep money in an emergency fund to cover a job loss, etc. If something happened and she couldn’t make payments, it was agreed in advance that the car would be sold. (Thanks to the good resale value on the car and the downpayment, they’d never be upside down).
I don’t think cosigning is evil in itself. I just think it requires more thought than people give it. J.D.’s tips are great.
loading....
P.S. In order to repossess the vehicle, your name does need to be on the title, preferably as you OR her not you AND her. Thankfully I retained just enough self-interest to insist on that at the time the vehicle was purchased. If you don’t happen to be in that situation, I’m sorry to say that you don’t have many options other than resigning yourself to making the payments.
loading....
Like others, I’m not a lawyer, but I’m not sure that paying the loan and then suing would do any good either. If he pays the loan, he is just doing what he agreed to do when he cosigned. The dealer made her get a cosigner because they thought that she would be unlikely to pay them back. Unless he and she had some other written agreement, she would not have a clear responsibility to pay him back for paying a debt that is equally his to begin with.
So, either do nothing and eat the credit score drop, or buy your ex a car outright, with no expectation of ever getting that money back. I’d go for option 1 personally.
loading....
I don’t really have any advice as the other Kevin summed it up pretty well. I guess the major issue is whether or not you’re on the title. Thanks for sharing your story, really eye opening stuff. Could I request a follow up in a few months?
loading....
Credit checks are actually run for many jobs especially those in public service (i.e. public safety jobs like cops etc.)
Just FYI.
loading....
I have signed on 2 loans both for my children. One was a student loan. I am now paying the payments on it while she is working on finishing her degree out and really cannot afford to pay on it right now.
My other was for a car loan for my son who at the time was making really good money. With the bad economy and that money dropping off he struggles to pay the car loan right now.
You have a major responsibility as a co-signer and it impacts your credit. If I had the decision to do over I would try to have helped them in another way and would have said no to the co-signing of loans. Valuable lesson learned.
loading....
Pay the loan yourself (even if you have to cut your own corners to do so), put it behind you and count on karma to take care of exGF. After it’s paid, take whatever steps are necessary to fully extricate yourself from this car/loan/title, etc.
If you’re applying for a job where your credit is a factor, explain the situation upfront rather than having them find this blemish and then you don’t get the job.
Good luck to you! This all sucks, but soon it will be over.
loading....
I am in a similar situation. My wife and I purchased 2 vehicles together while married. We also had 3 rental properties with mortgages. We then got divorced and the assets (and debts) were split. I got one car and she got the other while the rental properties went to me. We had loans on both vehicles so she took over her payments and I took over mine. Since we divorced I have sold my car and got a new car with a loan that does not include her. She still has her car and the debt that went with it.
After the divorce she decided she would declare bankruptcy. I was not sure how this would impact me so I consulted an attorney. The attorney explained that any mutual debts included in the bankruptcy would then be my responsibility to pay, despite what the divorce decree said. The reason for this is because we both entered into the debt while the divorce was a civil agreement.
Luckily we had no debt other than the cars and the mortgages but this certainly caused problems. All my online access to my accounts was removed because legally they can not request payment when the debt is included in a bankruptcy. this included all my rental mortgages and the car loan she owed on. I now had no access to the car loan to see if she was making payments. I had to contact the credit and show I did not file for bankruptcy to gain my online access to the account. The restored the access and she reaffirmed the debt on the vehicle to exclude it from the bankruptcy.
I got lucky. She has made payments and excluded from the bankruptcy but it certainly has not been fun. The main recommendation I have would be to manage to make the payments on your own while you are working to get the vehicle back from her. I guess you have to decide what is more important…money or credit. For me and my line of work my credit is very important so I would have been willing to make a payment if she missed to avoid any issues related to my credit.
loading....
A few years ago my husband wanted to co-sign for his parents’ refi (they didn’t ask for this, he wanted to volunteer). I refused, but did it so gracefully that he actually thought it was his idea to not do so. Now that their finances are tight again, I have a feeling this may come up again. I can show him this story and comments on why it’s a BAD IDEA!
loading....
I must be the lucky one, but I’ve lent money to family and friends and have actually never had a problem, but I’ve never co-signed for a loan for someone. I try not to do something that would affect my own credit because I know how people can be.
loading....
First the stuff you can’t change: When a bank or car dealer is refusing to give someone an ideal loan because of their credit… what makes YOU think they’re going to actually be creditworthy? The only case I can think of where you might want to cosign is if you know of someone young but with an otherwise proven record of being responsible. Still, I went to college, ran up credit card bills, and got all my own car loans without any problem at a young age. I think my highest car loan rate was 7.49%, and that was back in 1999 when rates were higher than they are now.
Second, while I have not cosigned, I have sold cars to friends and family. And this will shock some of you, but I WAS THE BANK! I had my own car loans for those cars (and I held the title, in one case!) and they made payments to me that were not necessarily directly tied to the loan I had with the bank. (If I paid off the loan early to save on interest, that was to my benefit, not theirs!)
If you are good at talking reasonably with this girl, maybe you can tell her — you just want a good resolution. You can take over the payments to make sure you both maintain good credit, but she has to agree to a payment plan that works for both of you. Maybe the ~$400 payments are too much, but if it’s only $250 she can make payments every month, and eventually pay you back for the remainder of the loan.
loading....
Aw man…what a painful experience – happens to the best of us! Rest assured when this is all resolved there are many independent girls out there who don’t need cosigners, won’t be desperate to move in and won’t wreck your life.
loading....
Dear Patrick,
That’s a horrible story, but a great reminder for us all.
Is it possible to follow up with her lender? You are not her bank, she has to be making payments to a financial institution. If she isn’t making payments, let them deal with her. That would take the stress out of having to follow up with her every month. That’s a lender’s job.
As a cosigner, I think you have the right to go to her lender and complain. That should start the collections process. Am I wrong here? Someone correct me if so.
Truthfully, I’m not sure how the collections process works, so I’d appreciate someone jumping in and enlightening me.
loading....
Wow, I do not envy Patrick’s situation.
DH’s cousin worked out with his friend a transfer of the title in exchange for taking over the payments after he had cosigned. But… they’d never been dating, and it is a very small town so the friend would have been pretty well shunned if he hadn’t agreed. (Also DH’s cousin is a big scary guy.) So I don’t know how well that will work in Patrick’s case.
It sounds like DH’s cousin got away easy! And now he knows never to cosign. He says he’s learning financial lessons very slowly through trial and error (the hard way), but he is getting better every year. Interestingly his credit is and was not great (mortgage of 7.5%, for example), so his friend’s must have been rock bottom.
Eventually his friend got a small windfall and bought back the car, though he did beg the cousin not to sell it for months.
It looks like other posters have covered the legal possibilities better than I could.
p.s. I like the term “life tuition”!
p.p.s. “friend (who is financially solvent enough to pay off the whole car if necessary) has not yet stepped up to do so” I think that these are related, the not stepping up and the being financially solvent. Smart friend!
p.p.p.s “I once shared an apartment with my cousin for a few months, and I’m fairly certain I never paid my share of the rent for part of that time. (It was almost 20 years ago, so I’ve forgotten the details.)” I would call your cousin up and see if HE has forgotten the details. If he hasn’t, make it right.
loading....
One of the best decisions I made was to not co-sign with my brother for a school/personal loan. For a while he didn’t pay on time, and that would have ruined my credit as well as our relationship. Instead, I lent him some cash (not as much as the loan), which he paid back in full (monthly installments) after a few years out of school.
loading....
My comment got eaten. So this might not come out as clearly as the first.
I suggest:
1. Arrange buying the car from her, for the amount of the principle she has paid. If you don’t want it, then sell it. If you can’t afford it, sell it, even at a loss, even if it means borrowing the difference.
2. Ask her to sell the car, even at a loss, and even if she has to borrow the difference (don’t cosign if she does). She obviously can’t afford the car, and it’s better to owe a few thousand dollars than many thousand dollars.
3. Ask her to refinance the note, to remove you from the loan. She won’t likely, because her now damaged credit and loss of a cosigner will get her a higher rate — if a bank will agree to refinance it.
4. If she’s unwilling to do any of these things, then pay it off as fast as possible. Let her know, once, that you expect her to repay you, but then don’t be surprised or upset if she doesn’t. Don’t nag her about being repaid, it won’t help anything.
Now from all this you’ve hopefully learned that, going forward, you should never mix money before marriage, you should never cosign for a loan (ever), should never borrow to buy a car and if you want to help someone give money, don’t lend it.
loading....
While I love a good fool-bashing as much as the next gal, I figure Patrick has gotten a good share of it already, so I’ll offer some ideas about the future:
1. Save your own credit score. Call the lender and see what you can work out with them. Maybe you can pay a reduced amount to get off the loan – if you promise to pay cash immediately. Some collectors will take a certain amount of cash over uncertain future payments. It may be worthwhile to get a consumer protection lawyer (get someone who knows his/her stuff!) involved to double check the paperwork, take a look at everything you signed (and make sure you signed the key docs), check for loopholes, advise on loopholes in the LAW that might not be in the paperwork. You never know, there might be some leverage out there you can use to escape or at least lower the cost of escape.
2. Escape the relationship. This is completely my opinion. You could try to get the ex to sign off on an agreement to pay you back. But I think, if you are lucky enough to escape the loan, then chalk up all the costs to experience, let any amount ‘owed’ go – and count yourself lucky it was just the one loan – and not a marriage’s worth of stuff.
3. Tread wisely in the future. The next time you fall in love with someone (who’s not your spouse) and want to be the hero – offer to make a large downpayment, pay with cash or help them find a more affordable car. Don’t co-sign anything unless you know EVERYTHING about their credit history, financial habits and checking account balance – and understand the risk you’re taking. You may be tempted to co-sign again – but at least do it with open eyes – or not at all.
loading....
Here two best rules of thumb. 1. Never co-sign on a loan unless you can afford to repay it. You probably will. 2. Never consider a loan to a friend a loan. Consider the loan as an unspoken gift instead. If it is repaid…wonderful. If it is not you have done a good thing for someone who had some troubles and you will still remain friends.
loading....
I had a very similar situation happen to me back in 2007. I co-signed on the loan for my ex-husband’s car back in 2005, but when we separated in 2007 he stopped paying the payments. During the lengthy legal process of our divorce, I started making the payments (though I really couldn’t afford them) in order to protect my credit. When I could no longer afford that, the creditors allowed me to pay interest only for a couple of months. Then I just stopped paying altogether, as I could no longer afford it and was unbelievably pissed to pay money on a car HE was driving around.
Unknown to him, one of my family members went to his place of work with the spare key and took the car. It stayed at their house for the day until I got off from work. Before I could get there he arrived with the cops, who said that since the car didn’t belong to the family member and it did partially belong to him, they had to let him take it back.
After that, I was done. The judge in our divorce ordered him to pay the payments, but he never did. It got repossessed later year after several months of no payments, and my credit took a huge beating for it. NEVER AGAIN
loading....
I don’t comment often, but felt compelled to with this one. Here’s the one thing I remember always in regard to loaning money in families: Never consider it a loan; always consider it a gift. (I guess this goes along with the mantra “Never loan more than you can afford to lose.”)
If you wouldn’t be willing to give said person the money, then I think you should have strong second thoughts about loaning it or co-signing for it.
My advice to Patrick is to pay off the car and call it a lesson learned.
OH, and BTW…I lived without a car for 4 years using public transit,carpooling and my own two feet. It IS possible, you know…
loading....