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?
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Patrick,
From what I read in the article, you are about 3 years into a 5-7 year loan (5-7 years is what is common near me). At this point, the best advice I can give you is to see a lawyer about your options. There are quite a few mentioned here and in the bankrate article. Getting a judgment is one thing, getting it enforced is another. How much money, time, and effort is it worth to you?
As a person who has lent money and been burned, I feel for you. No beating with wet noodles here! Good luck!
Update us when the situation is resolved, if you can.
@JD–I’m glad you’ve contacted your cousin about the rent. Better late than never.
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I’ve done the same thing as Patrict once, only luckily it was a $400 loan for a mattress rather than a $XK loan for a car. I ended up paying the entire $400 plus interest nearly two years after it was originally purchased. The girl in question never made a single payment, never mentioned to me that no payments were being made, and it took looking at my credit report and being contacted by a collections department for me to realize what was happening. By that time the girl was long gone.
Patrick’s options are few. Pay the payments on the car, or let it get repossessed.
I suppose if the Ex agreed, he could take out a loan, buy the car himself, and then work out a written agreement with the girl to pay him “lease” payments to keep driving it. That way when she doesnt make the payments, he can legally take possession and sell it himself.
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Years ago, I co signed on a fitness club membership for a girl friend not even in a committed relationship. As I watched over the next few months, she missed payments & they started calling me. Since I wanted to be a part of that club as well at the time, I negociated with them to use that amount paid in against a family membership & then listed her as a “daughter” & my brother as my “son.”
I played Racket Ball constantly for a few years & had a ball – using the membership enough to call it even when they went out of business.. She actually only used her membership a total of 25 times & would have saved money paying the daily periodic use fee.
NEVER LOAN TO FAMILY OR FRIENDS!! Help them with a stipend given freely if needed for emergency needs. Good Luck Patrick
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I was in this situation and since he couldn’t pay I demanded to have the car and the title signed. I couldn’t afford two car payments so I traded in both cars and got a different car and was upside down on the car loan for a while but got it paid off as soon as I could.
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I probably wouldn’t lend a friend money, but I might consider it depending on the situation. But I would never, ever, ever cosign a loan. It’s more than just the fact that you’re on the hook for the whole amount. The bad part is that your credit can get shot to heck, and you won’t find out about it until it’s too late.
If someone really close to me really needed a loan, for something that (in MY sole judgment) needed to live or keep/gain their income stream, even then I would rather loan them the money myself than co-sign a loan. And if somehow I couldn’t do that, then I would make myself the primary borrower and have the statements sent to my house, and the person would have to pay the loan through me. But I would try everything else first before I let it come to that.
I agree that Patrick needs to talk to a lawyer. The fact that this loan is INCREASING (due to the exorbitant insurance) means that he may never get out from under this unless he takes decisive action.
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@Tyler, #80:
“Someone did a great job convincing the American public that they should revere secret numbers produced by faceless actuaries working at giant companies whose names you barely recognize.”
Whether you like it or not, credit scores DO have an impact on your life (and, just to be clear, I’m using “you” in the general sense here). They’re not just abstract numbers floating around in the aether. Setting aside getting any loans down the line, a poor credit score can prevent someone from securing a job or housing (even an apartment).
Having a poor credit score isn’t the end of the world obviously but your post implies they’re just numbers used for bragging rights. That’s not the case. Even if you have no intention of taking out any type of loan you should still be conscious of the potential consequences of having a poor credit score and either avoid it or plan accordingly.
Yes, it sucks that that’s the case – I’m not trying to justify their ubiquitous use now and days but there’s nothing to be gained by denying reality.
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Classic case of finding out last what you needed to know first. There may not be an easy way out of the current wreck, but the lesson for all is to avoid entangling money deals into relationships. Even when it’s someone we care about (or especially when it is) we must handle business as business. if they are not a good risk, they are not a good risk. Dave Ramsey’s advice is that do not LOAN money to friends and family. Give it to them. Then if they pay it back it is a pleasant surprise.
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Short & sweet: if your name is not on the car title IMMEDIATELY arrange an unsecured personal loan [in your name only] to pay off the car loan in full. Contact the ex-gf and state it is NOT a gift and she has a moral obligation to repay you. End of story. She of course won’t repay you. But no more worries about what she does with HER car, whether it is licensed/insured/whatever. No additional fees when her insurance lapses. No chance at all you will be dragged into the legal proceedings when the inevitable happens to her – which is why you are paying off the loan that you co-signed. The NEW loan is yours to deal with at your leisure at rates you arrange based on your own credit.
There is a HUGE cost in your future to not doing this that everyone is overlooking. When qualifying for a home mortgage [someday] everything that ever happened to you financially will be scrutinized and investigated and she has already left way too large a trail through your credit history. Get rid of her NOW before something worse happens. Someday you will have to explain all this to a loan officer if you choose to buy a home, and you want to not have anything more to report than you already do.
Be ruthless here. You need to man-up, look in the mirror and admit to yourself that she is a loser and she used you. And don’t ever ever let it happen again. Stop apologizing for her and saying she is trying. She is NOT trying very damn hard. Pay off the car loan and sever the emotional bond. EVERY month when you write a check for the new loan repeat “I WILL NEVER EVER EVER DO THIS AGAIN!!” as you look yourself in the mirror. And realize that you are a more worthwhile person than she will ever be and that you deserve better. Because you do!!
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Watch any episode of “The People’s Court” for the answer to this one!
Pay every last cent on the loan ASAP and keep DETAILED records. Then, you can sue her in small claims court for what you paid. You may never see the money, but if she ever tries to get a mortgage or wins the lottery, you will have to be paid first. Something is better than nothing.
Good luck in the future, and never co-sign again!
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I heard Dave Ramsey take a call on this exact situation just a couple of weeks ago (except that it was a woman whose ex-boyfriend was the slacker). Ramsey suggested that the caller contact the bank and offer to pay off 50-75% of the loan balance in return for having her name removed from the loan. The remaining loan balance would then be exclusively her ex’s responsibility, and she could move on with her credit intact. Of course, he stressed, she would need to get it IN WRITING that she was no longer liable for the loan. I realize Patrick may be hoping to get out of this situation without spending any of his own money, but the tradeoff for that is probably years of emotional stress and repeated hits to his credit (which is eventually going to drop below that “good/fair” level).
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I will lend you my 2 cents, but I know it will be a loan without repayment or even be appreciated.
Patrick be a good guy and forgive her and just pay off the loan… is it worth all the anguish you are going through? Hopefully it’s not a big loan…
Also, I hope your name is not on the loan papers because, if it is, you may be in for a huge bundle of liabilities if she gets in an accident and she does not have insurance.
My thoughts and prayers are with you, guy.
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I lent a friend of mine $3k to buy a used truck so he get could to/from work without depending on his partner.
So far, it’s been good. I found one of those boilerplate contracts online and printed it out. Filled in all the missing pieces, had him sign it, I signed it, gave him another copy, kept the original for myself as ‘promissory note’.
I’m not sure how enforceable it would be in court, but it’s definitely in writing. He even requested it – his thought was so that I couldn’t come back a year after it was paid off and say he owed more money.
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The best advice so far has been for Patrick to negotiate with the lender to buy the debt. Why has it been so overlooked??
Patrick will at one stroke (1) prevent any further deterioration of his credit rating; and (2) inherit all the legal rights contained in the document that the lender has paid ridiculously high attorney’s fees to obtain.
Then its up to the ex. Either she plays by the rules of the original loan, or Patrick can sue her, confident that she won’t have a leg to stand on in court! Patrick could even end up making a small amount by way of compensation for his damaged credit rating if the lender sells the debt at a discount…
Hopefully the lender is prepared to consider doing this! Good luck Patrick.
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I think Patrick should either 1) pay off the car and call the whole thing a life lesson or 2) take over the payments and have the GF make the payments to him instead of the bank so that he knows the payment is being made. Write up a binding contract and if she doesn’t follow through, then he can take the car, sell it and take her to small claims court for the difference, if any.
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Sheila, there is no legal way to force the ex GF to make payments to Patrick. He cosigned and assumed the debt. Lenders will go after him as she is a deadbeat. What would make her sign a contract with him after the fact. It is not in her best interest. He can’t take the car and sell it even if he pays it off since it is not HIS property. He screwed himself.
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I’m going thru this right now with about $20K worth of student loans (divorce).
I can only pray that she decides to keep up the payments.
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E.D.’s link is a good straight forward option. I did something similar for my ex (we made up once). I told her i’d help as far as co signing and anything after that is all hers. I’ve come to expect a credit ding before too long on it, but that’s what i get for being nice one last time.
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Not all transactions end badly. My bf loaned me some money and I paid him back fully, it was very important for me to pay him back because we were best friends before we started dating.
I really respect him and I worked hard to pay him back. There was no contract except my word. He loaned me $600. So it wasn’t a huge amount but it was still money.
I think at this point Patrick can stop beating himself up, and seek legal council. You know Patrick we all make bad decisions, just learn from it and move on, what else can you do?
Most life problems are solvable, just learn from it, fix it and move on. Good luck to you.
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I would not be a good lender. My step sister owes me 400 dollars and only makes small payments when I consistently bug her and track her every move. I’ve decided it is not worth my time to pursue that debt anymore as I have a steady paycheck and will be just fine without dealing with her. She can have a nice life being untrue to her word and not achieving her full potential.
But as for you bro totally get the ball back in your court and own this issue. Your credit score and save you or cost you tons in interest over your life and this chick is essentially stealing money right out of your pocket for the next 7 years.
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@85 JD. Good for you. Don’t forget to remind your cousin about interest on said payments.
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Our old friend and mentor, Willie Shakespeare, said it best, “Neither a borrower nor a lender be”. It’s too bad that Patrick also forgot about a more modern sage, Leo Durocher, who said that, “Nice guys finish last”.
The lessons here are clear, and I think that the only sensible thing for Patrick to do now is to own up to his past foolishness on this issue, and run, do not walk, to a good lawyer. It will cost him for the belated legal advice, but as others have noted in their comments, there are numerous ways that this could easily end up costing him even more. It’s time to get out while his losses are not yet threatening to his own financial stability.
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Patric:
I’m not sure what your financial situation is, but maybe you can convince her to transfer the tittle to your name. Obviously, you would continue making the payments and remove her completely from the loan (if the bank would allow such transaction), but at that point the payments would be toward a car that you own, instead of having a sucker sticker on your forehead, while you pay for a car for a person that seems to be opportunistic (my impression).
Besides the other two options Kevin mentioned already, I don’t see anything else more reasonable.
A friend of mine once said: “Life is a game, you either play or get played”. Patrick look at your deck of cards and join the game, Do the best you can with the cards you have. Good Luck!
Remember this: No person, regardless of how great the sex is, is worth this headache. The only people you should be co-signing for is a wife, close friend, family member who has proven themselves worthy and YOU can afford to pay it if they can’t pay (basically people that would not sleep at night if they screw you) … not some hot chick you know nothing about. While you’re loosing sleep over this, she’s probably sleeping a full night knowing “superman” will be paying for her car loan.
Toughen up and take control of the situation, really!
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Just to clarify a few points.
1. My name and her name are on the titles. My name is listed first on loan, but not the car. For the loan, this means I get the first call when there’s a late payment.
2. The amount left on the car is a lot. I’d have to refinance it at a lower rate to take over all the payments.
3. The total on the car is greater than the value of the car, partly because of the great amount of depreciation and because she neglected to provide proof of insurance and she had to pay an astronomical fee.
4. I’m not particularly well off finance wise. I’m not poor, but I don’t make enough where I have a lot of extra that goes directly into savings. So paying it off and then having her pay me is not feasible for me to pay my own bills.
5. She’s offered to have a friend help her refinance at some point in the future. I did not offer to have a friend of mine repay it. I’m not sure if/when that will happen, but that’s the situation I’m hoping for at the moment since it will completely cut things off.
6. On the positive side, I’ve not gotten a call from the bank in two months, so she’s been on time more often.
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Janette says, “but in most of the West common law is still on the books.”
Janette doesn’t know what she is talking about. Only 16 states have common law marriages still on the books and only a very few can be considered West, (though not if you live on the West Coast.) Most are in the MidWest and South.
Alabama
Colorado
District of Columbia
Georgia (if created before 1/1/97)
Idaho (if created before 1/1/96)
Iowa
Kansas
Montana
New Hampshire (for inheritance purposes only)
Ohio (if created before 10/10/91)
Oklahoma
Pennsylvania (if created before 1/1/05)
Rhode Island
South Carolina
Texas
Utah
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The least painful way for Patrick to get off the car loan is to have his ex agree to refinance with out him.
I’ve been in a similar situation with my mother regarding a home loan. At the time, my mother’s income wasn’t quite enough to qualify for a home loan so I agreed to co-sign. She started to get late with the payments and it was affecting my credit. We refinanced the loan under her name only effectively removing me from the loan.
The loan is still on my credit report even though the account is closed and should actually drop off by next year. It shows the negative payment history, but my credit score has improved since then.
My mother’s mortgage increased but not substantially. Her income had also increased so the mortgage payment wasn’t burdensome.
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I am a little curious as to how the topic of co-signing transitioned into JD should pay his cousin back-rent. I missed the posting where he talked about this, but I could not imagine expecting a family member to pay me for supporting them while they were down and out. If there was no contract and the agreement was rent-free before he moved in, then what is the big deal? Obviously, there is no resentment or ill-will between the parties.
@Des: I would assume the bank would not give as high an interest rate as if the person was acquiring the loan by themselves, but still not as low as it could be with the co-signer’s stellar credit. Banks have a great way have packaging deals to make everyone feel like a winner, especially them.
After reading more posts, I think it is best to discuss this with a lawyer and not make any decisions on your own.
Finally, what about co-signing college loans with kids? I can’t remember if my father did this or if he was just a credit reference. After college he helped me out one or two months where things were tight and I was getting on my feet. That seems to me to be a good compromise in any situation.
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“Also, am I the only one who sees a hint of a religious lecture in S’s chiding about living together being Patrick’s first mistake?”
Lainey, rest assured, I am a lifelong Atheist. (Let the stone throwing commence!) One of my favorite aspects of GRS is that is both religion-free and non-partisan.
It was his first mistake because it shows she was not self-sufficient – ie, she did not maintain her own household. Patrick, did the GF pay her fair share during the co-hab? or was there some emergency reason she needed to move in with you? Looking back, there were probably many other financial warning signs that Patrick overlooked.
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#126 reminds me to request a post about freeloading friends/relatives, and whether we ever have the right to demand a back-payment. I think it’s definitely a boundary issue, and there’s a lot of truth to the saying “nice guys finish last.” There’s a fine line between helping out friends in need, and allowing them to hitch a permanent ride on the gravy train of your generosity.
A few years ago, my sister asked me to allow her homeless, jobless fiance to sleep in my spare room until their wedding day (I live in a part of the world where it’s still not acceptable for unmarried couples to live together). The “couple of weeks” stretched out to three loooong months, during which time he didn’t pay any rent or utilities, or do any housework. In fact, he was a selfish, thoughtless tenant with terrible hygiene habits, and living with him was probably the worst three months of my life – by the end of it, I probably would’ve paid for him to get out of my life, or at least my spare room. Fortunately it didn’t come to that. But my sister and I are no longer on speaking terms. I even refused to attend her wedding, because I was so angry at the way I’d been used by her and her idiot boyfriend.
As luck would have it, they are both happily married and living in a brand-new condo. I would never dream of asking them for back-payments. The life tuition was well worth the price.
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That’s a REALLY tough situation! Unfortunately emotions, lust, love, etc. can cloud our judgment and we end up making these crazy decisions!
I co-signed a loan for my niece to go to college, however I agreed to co-sign it because the monthly payment would be $75/month, so EVEN if she somehow couldn’t cover that when she graduates in 2012, I at least know I should be able to afford it. I just have to make sure to follow up with her when that payment starts kicking in…
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S, I don’t see your latest comment yet, but thanks for the clarification. That makes sense. You’ll get no stone-throwing from me–look at the name of my blog! haha.
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Will she sell the car to you? Perhaps if you can give her a significant-enough sum of money, you can simply purchase the car from her and get the title, then you can sell it yourself, or relinquish it to the bank, or refinance it for better terms… She needs a car she can afford, and this car is clearly out of her price range.
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Hi Patrick, my husband cosigned years ago for a friends girlfriend, needless to say she defaulted, and after several tireless months of calling around for her, she found someone else to take care of the debt for her and she paid it off. In the mean time it destroyed his credit
We did send a certified letter demanding full payment of the loan within 10 days or we were taking it to court to repossess the car and sue for damages. Im not sure if that was what made her do it or not, but it’s a thought.
Good Luck.
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I have a similar story. Years ago, my brother abandoned his wife and small child. My mother and I felt responsible and helped whenever we could. For several years, we gave her money, groceries, and supplied her with an unlimited amount of favors. She came to me one day and asked me to co-sign a car loan. I didn’t want to, but I said yes. I told her that I would do it with one condition. She had to tell me if there was ever a time when she couldn’t make the payments, and that I would step in and do it. While I did it to continue to help her with my niece, I also felt it was my responsibility as a co-signor to pick up the payments, if she couldn’t. Well, not five months later, she stopped making payments. I only found out because I called the bank to give them a new address (I also learned banks are not entitled to contact a co-signor if payments stop coming in.) I still get angry when I think about this. She lied and hemmed and hawed. Told me that she had money order receipts to prove she’d made the payments, but wouldn’t provide me with copies when I offered to track down the payments. (Yes, I knew she was lying, but I was still trying to ‘save’ our relationship because it would’ve been very easy for her to keep my niece from my mother and me.) Anyway, less than two weeks after I found out and I’d decided to take over the payments, the cops repossessed the car because it has been reported stolen several years earlier. I talked to a lawyer who told me that this was the best thing that could’ve happened. Yes, my credit took a ding. But, I wasn’t in the market to buy anything, or look for a job (I’d just started grad school), and so, my credit would recover somewhat by the time I was in a different stage of my life. He was right. Three years later, my credit was in the early 700s. Yes, the bank had placed a charge-off on my report, and that stung big time. But, it didn’t make sense for me to pay for a car that shouldn’t have been sold in the first place. I waited patiently for the charge-off to come off (7 1/2 years). This was about ten years ago, and my credit is in the 800s. Today, I know that the desire to co-sign a loan comes from the heart, not the head. I don’t know about you, but the heart shouldn’t have such a big say in money matters.
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It sounds like either you or the bank needs to repossess the car. If the bank sends the repo man, it will wreck your credit even more than your credit is already wrecked.
If your name is on the title, it could be argued that she’s stolen the car by taking it to another state and not paying for it, and so you may be legally justified in sending a repo man to take it away from her. In fact, I understand that in my state keeping a car while you’re not making payments owed is regarded as auto theft.
Get a lawyer. Learn the facts. Act on them.
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I’m currently in a very similar situation, and there aren’t a lot of good options. I co-signed a car loan for my daughter when she settled into a good job after college. She didn’t have a credit record yet and needed to lower the interest and payment amount. Her old car wasn’t reliable, so I was onboard with her getting a better one. A year later, she was “down-sized” at work. She’s consistently a month behind with payments, but she is making them. I can’t afford to take on another monthly payment. My credit has taken a hit, but not too bad.
It may differ from state to state, but because I co-signed the loan, I was automatically listed on the title, so Patrick may very well be listed on his ex’s title. I’m not responsible for insurance, though I suspect in the case of an accident, the other party could legally come after both of us.
To try to get out of this mess, refinancing was our first thought, but has not been succcessful for various reasons: amount still owed on the loan, late payment record, and the bank holding the loan won’t rewrite their own loans. Allowing repossession isn’t an option, because she needs transportation to her new, crappy, low-paying job. Trading down isn’t an option, because we can’t pay off the difference. Selling it outright is the best option we’ve come up with, but we’re not sure she can sell it for enough to cover the loan and get a cheaper, older car. This option would also lower her insurance, registration and plate fees. She lives a couple hours away, so it’s difficult for us to get together and work on a solution.
My advice to Patrick would be to work on getting the ex to sell the car and get a less expensive one. I certainly would get an attorney’s input on how to go about it … he may be able to do it himself since she’s delinquent on the loan.
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it’s a sunk cost. i’m in the same situation and i’ve investigated all options.
1) if you can have the car repossessed, do it. but for this, you will need her approval as well as yours. you are both co-signers.
2) if you cannot repossess, make the payments yourself and keep records. offer your friend a payment plan (even $100/month) until she pays everything back. if she doesn’t pay you back or doesn’t make efforts to do so. sue her. however, you’ll need some evidence that says that she intended to pay the car and not you.
bottom line: it’s a sunk cost. it sucks. believe me, i know. i’ve been making payments of $350/month for 18 months now on a car i’ve never driven once. i have my “friend” on a $100/month payment plan. i’ve received $400 total. horrible. but it’s a sunk cost. you have to bite the bullet, learn the lesson, and move on. if you don’t it will prevent you from enjoying life.
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I can’t help with the imediate situation, but I can offer a possible solution for those thinking of doing the same thing. I had a friend that needed a vehicle, and he and nis family all had bad credit. I was not going to be a co-signer. Inside, I bought the vehicle. Prior to buying the vehicle, I had a contract written up that we both signed. It included everything from when and where the payments were to be made to meeting the maintenance requirements to maintaining insurance and a clean driving record. If he failed on any account, I could pick up the vehicle (I kept a key). Basically, it was a lease to buy kinda thing.
It worked out great for the first three years, but that ended. Fortunately, it went smooth. He approached me and said that he would no longer be able to make the payments. So, I took over. The great thing was that the vehicle was in mint shape, and I owed less than the Blue Book Value. I still own the vehicle, and I don’t have any regrets. The contract worked perfectly, and I was able to help a friend.
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Major venting of family drama alert:
My father co-signed on private educational loans that supplemented my Stafford package. I became very ill during graduate school and while I managed to finish, it would be years before I would be healthy enough to work full time. You know where this is going – my father ended up paying the balance of the private loans and it destroyed our relationship.
Moral of they story: s–t happens. Also, don’t blame your kids for getting sick or you may die not having spoken to your own child in five years. Then, even after you’re dead she’s going to still be bad-mouthing you on blogs because you’re a jerk and you deserve it.
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It is never a smart move to co-sign on a loan. The reason a lender requires a co-signer is because a person does not have adequate credit for a purchase. This suggests a person should choose to buy something within his/her means. Co-signing on loans too often ends badly for the co-signer. To avoid this problem, avoid it altogether.
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Lots of things said here, just in case it wasn’t, if you do pay the loan off, get a very clear bill of sale from her that removes you from any liability with the car. Her history with insurance scares me more than anything.
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I’m sure this has been said before. As long as your name is on the title, it’s your car just as much as hers. You can legally take possession of the car just as much as she can. Unfortunately, you can’t sell the car without her signature on the deed. You are really stuck. If she is at fault for an accident, you will be sued as the owner of the car. Of course, you need to double check all this with a lawyer in her state.
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Just a thought, if she is only running 30 days or less late, why not just sneak an extra payment to the bank, that why she is “ahead” and the 30 day late payment would actually be early for the next month?
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Personally, I wouldn’t waste money on an attorney. You would probably end up paying them more than you would paying the car off. I work for a LARGE bank in the car financing area. With our company, if Patrick co-signed for the loan, he would be on the title as well unless they changed it in writing and with a notary, etc and we don’t even allow that any longer. The only way a name can be removed at this point is if the car is refinanced. Again, this is with my employer. I see this scenario often and I always suggest the person go get the car from the other person. Usually when they realize the person is serious, they step up and start making payments, sometimes not. In that case, I suggest selling the car.
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