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From cosginer to coborrow without my consent

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lnscott

Member
What is the name of your state? Indiana

I realize this isn't the kind of question you usually get in this catagory, but it seemed to best fit.

Back in August, I cosigned for my engagement ring (long story, but there was no one else). Fast forward - I started getting letters, offers, etc. thanking me for opening a new account, etc. I called and, sure enough, the salesman (who called in the application), had me listed as the primary borrower and my finance listed as co-borrower. He had dealt with the same man every time he went in there and he KNEW he had been trying to get a cosigner (including those that he took in there and were denied). The day we went in there, we told him I was there to cosign. He knew we were in a hurry because we told him I was on my lunch hour. He filled out the application using my drivers license and asking me questions and then "x" for me sign. I signed by the "x" and then we realized he checked the box for borrower (he had my finance's on a different application). We asked him about it, he had them in his hand at the time, and he assured us that I'd still be listed as cosigner.

My question (despite it's stuipdity) is can they make me the primary borrower on this account without my consent?? I know it's unethical, but is it illegal? I realize that either way I'd be responsible if he defaults and that it's reported equally on our credit reports - but now all the bills come to me in my name instead of his and that can't be changed (we've already called Wells Fargo).
 


HomeGuru

Senior Member
lnscott said:
What is the name of your state? Indiana

I realize this isn't the kind of question you usually get in this catagory, but it seemed to best fit.

Back in August, I cosigned for my engagement ring (long story, but there was no one else). Fast forward - I started getting letters, offers, etc. thanking me for opening a new account, etc. I called and, sure enough, the salesman (who called in the application), had me listed as the primary borrower and my finance listed as co-borrower. He had dealt with the same man every time he went in there and he KNEW he had been trying to get a cosigner (including those that he took in there and were denied). The day we went in there, we told him I was there to cosign. He knew we were in a hurry because we told him I was on my lunch hour. He filled out the application using my drivers license and asking me questions and then "x" for me sign. I signed by the "x" and then we realized he checked the box for borrower (he had my finance's on a different application). We asked him about it, he had them in his hand at the time, and he assured us that I'd still be listed as cosigner.

My question (despite it's stuipdity) is can they make me the primary borrower on this account without my consent?? I know it's unethical, but is it illegal? I realize that either way I'd be responsible if he defaults and that it's reported equally on our credit reports - but now all the bills come to me in my name instead of his and that can't be changed (we've already called Wells Fargo).
**A: it really does not matter one bit since each personal guarantor would be jointly and severally liable. So save up and pay off the ring loan and forget about this problem.
 
F

Fat Tony

Guest
In mortgages, whoever makes more money out of the 2 is automatically the primary borrower, I dont know if the same rings true in this situation (no pun intended), but that may shed some light on it for you. Also, as guru said, it really doesnt matter because you both are equally responsible, and if it were to go into default, whoever looks like the better target would be the one that the collectors go after. Its common for a co-signer to get sued and not the original borrower simply because they have more assets, a higher income, or a plethora of other reasons. Hope I could be of some help. And dont feel bad about co-signing for your own ring. I read today that Brittany Spears actually bought hers, so you're in good company there.
 

teflon_jones

Senior Member
Whether you're the primary borrower or the co-signer really makes no difference. You're equally responsible for paying back the debt.
 

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