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#1
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I am considering co-signing a personal loan for a friendWhat is the name of your state (only U.S. law)? NY I know what the legal ramifications are if I decide to co-sign for a friend's personal loan. Is there some kind of legal contract that I can have written up between me and my friend that would give me legal recourse against my friend if he should miss payments or default on the loan? Also, does anyone have any idea how much it would cost to have a Lawyer draw up a contract between the two of us for something like that? Please e-mail me at CUEBALL070358 at AOL dot COM Last edited by Cueball703; 11-18-2008 at 10:45 PM. |
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#2
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| If you value your credit you will NOT, I repeat NOT co-sign for anyone unless you are ready to take the debt on yourself. I can't tell you how many times, how many hundreds of threads have been started on this forum looking for some help because they have co-signed for someone. Co-signing a loan for a friend is also a great way to lose a friend. I'm sure an attorney can charge you a pretty penny to draw up a contract that in the end will have no value. don't do it... don't do it... don't do it... ...and if you do... please be ready to come back here asking the forum for help in having the debt paid. When that happens, be ready for tons of "I told you so's."
__________________ Dang the Persephone for eating those pomegranate seeds. It is because of her urge to snack that we must suffer through the winter that will soon be upon us. |
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#3
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Friends don't ask friends to co-sign loans.The fact your "friend" is asking you to do so tells you he's already in over his head financially because he doesn't have the credit rating or the lender questions his ability to repay the loan unless someone co-signs for him. YOUR credit rating will be impacted if your friend fails to make each and every payment on time. If your friend quits paying the loan for any reason (such as losing his job), the creditor will come after you. Some things to consider:
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#4
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| Don't do it. The odds are very high that you will lose both your money and your friend. And you won't know the account is default and damaging your credit until someone like me calls to demand the balance in full. DC
__________________ Three books every person should read cover to cover at least once: The Richest Man in Babylon, The Complete Works of Shakespeare and the King James Bible. -- If you can't learn how to live a happy successful life from those books, you are beyond hope. Quote:
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#5
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| I'm confident you would explain to her that you don't care if she has a "contract" between the two of them stating he (the friend) would be financially liable for the loan.
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#6
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| If your friend doesn't honor the contract with the lender, what makes you think your friend will honor the contract with you? ![]()
__________________ * * The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision. Communication is KEY - 10 mins of talking now can save you months of headaches later! Masterfully stating the obvious to the oblivious! (Thanks SP!) Tell it like it is! When all else fails, make up a statistic! ![]() Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to) |
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#7
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| I agree with everything posted, especially DC. You probably won't find out about missed payments until the account is seriously delinquent. By then the damage is done. You'd be better off just giving your friend the money outright rather than cosigning. |
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#8
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| The simple answer is no, you cannot make a seperate contract making him liable for defaulting on the loan. Its referred to as a double liablity clause, and you can't do it. It prevents a person from being liable for a loan to more than one entity at any one time. By co-signing the loan with your friend you become a joint-liable entity to the bank, which means that both of you are liable for the loan. On the advice side I agree with all of the previous posts. Don't co-sign the loan with your friend. If you can, just loan the money to him. That way you can create a contract between you and him for the loaned money. |
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#9
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| Don't even loan them the money. It saves your friendship, and it saves your credit score... If you do loan them the money, do NOT expect to ever get the money back...
__________________ Tenant Advocate "Alaska landlord" has been permanently banned for providing inaccurate, misleading & potentially dangerous advice. Any of AL's previous posts should be heavily verified by a competent Real Estate Attorney. Quote:
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