Never Ever Cosign a line of credit - Indebted for LIFE

Never Ever Cosign a line of credit - Indebted for LIFE

Real Estate Agent · Virginia Beach, VA · Member since 2012 · 2k+ posts · 1k+ votes

Did you know you can be indebted for life to someone with no way to see the statement, close the account or even find out the current billing address for a loan you cosigned (or they say you cosigned, which is my problem) to be able to contact the primary holder? And if it is a check credit, line of credit, or credit card, did you know you can be liable for eternity with the only way to release your obligation is with permission of the primary account holder? Even if you pay it off personally, they won't close the account without the primary's permission, and the primary can just run it up again and you would still be liable. Unbelievable. This person can pay late and ruin your credit for eternity, and there is not a thing you can do for the rest of your life under today's rules.

I just contacted the policy departments at the FTC, OCC and FDIC to ask for a policy change for cosigners for loans with no specific end date. For these type of loans, check credit, line of credit, credit cards, etc., there should always be a required renewal at least every 5 years where the cosigner must agree in writing to continue cosigning the loan, and if they don't agree, the primary can either take it on himself, get another cosigner, or the balance freezes, no more debt allowed, and it must be paid down by either primary or cosigner, either monthly or all at once, until at $0 balance it is automatically closed.

I am dealing with a very strange situation where apparently 26 years ago, the bank says I cosigned for someone. I have no knowledge or recollection of this, but I am not allowed to even see the document I supposedly signed 26 years ago as it has the primary account holder's information. It never showed on my credit report until this year so I knew nothing about it. I have had no luck contacting the primary account holder and am now, thanks to some great advice here, trying to work with executives at the bank directly. But this glaring and alarming hole in consumer protection needs to be remedied. Spend 5 minutes searching and you can see just how many people there are trying to deal with cosigner issues. Who knew? What a mess.

If you cosign a car loan, even a mortgage, you understand immediately what you are signing for, the payment, balance, and how long you will be liable, and you can make an informed decision on whether to help that person or not, with worst case being you pay off the balance yourself and close it out. With these open-ended loans, you are on the hook literally for life (and beyond, with your estate), with no recourse ever and no way to remove your name if the primary account holder won't allow it to be removed. It was a shock to discover this, and I hope they see how absurd it is and put an end to this with a required renewal policy enacted.

In the meantime, just wanted to warn as many people as possible not to ever cosign for anyone on this type of loan as it could last an eternity, and you are just stuck.

0Reply
12 views

Most Popular Reply

Commercial Real Estate Lender / Syndicator · Dallas, TX · Member since 2011 · 888 posts · 309 votes
14y

For those that love quotes, here's one: "A man lacking in judgment strikes hands in pledge and puts up security for his neighbor." Proverbs 17:18 (NIV)

See this reply in the discussion

7 Replies

Jump to latestLatest
  • Commercial Real Estate Lender / Syndicator · Dallas, TX · Member since 2011 · 888 posts · 309 votes
    14y

    For those that love quotes, here's one: "A man lacking in judgment strikes hands in pledge and puts up security for his neighbor." Proverbs 17:18 (NIV)

  • Real Estate Agent · Virginia Beach, VA · Member since 2012 · 2k+ posts · 1k+ votes
    14y

    Nice, Carlos, except I never put up any security for a neighbor, they just apparently used my identity 26 years ago and since it was never reported on my credit report before now, I didn't know anything about it, and I now have to come up with documents from 26 years ago which I do not have as I thought 7 years was the limit to dispute a witness he used that was an old, ill tenant of his that did not want her rent raised and is dead now, not a bank employee or even a notarized statement that would verify it, to to prove it wasn't me. I get the fallout from poor credit protection regulations, and am stuck with it forever. Nice. Thanks for the sentiment. Christians. God love them.

  • Developer · Garland, TX · Member since 2008 · 8k+ posts · 4k+ votes
    14y

    Wow, that is crazy, Lynn. Do you know the person they claimed you signed for? Can you deny you signed and sue the bank for the negative credit reporting?

    BTW, Carlos' quote comes 1000 years before the start of Christianity.

  • Real Estate Investor · Bellingham, WA · Member since 2008 · 407 posts · 90 votes
    14y

    Having been gotten in a co-signing fiasco once, I now people get their loan by other means that don't involve my guarantee.

  • Investor · Central Valley, CA · Member since 2012 · 6k+ posts · 3k+ votes
    14y

    Lynn: are you saying that someone who stole your identity 26 years ago has kept the loan open and current until now? When it appeared on your credit report, what was the status of the credit line? Does the same party own the debt now that issued the credit? If the account is now closed and depending on when, there may be some statute of limitations that may apply here.

  • Real Estate Agent · Virginia Beach, VA · Member since 2012 · 2k+ posts · 1k+ votes
    14y

    Right, Jon. And I do apologize, Carlos, for being snippy. Just touchy right now, and it's my experience that certain people use those quotes to explain away things more than others, but I will try not be so quick to jump to conclusions and avoid religious discussion in the future.

    I wrote to executives in the company so it probably will be resolved, especially as they told me 3 times I wasn't associated with the account in any way at first, but now they are saying I am, so seems they are as confused by this as me. I'd like to avoid attorneys, but if I have to sue, it's going to be me suing all involved.

    I think the policy is what is more important. Quotes aside, reality is there are too many people that will want to help someone by cosigning. A student loan or car loan with a specified end date is probably fine, especially if you are a parent willing to just pay it off yourself if problems arise later. But these open ended loans can literally last an entire lifetime, no recourse, no paying them off -- if you do, the primary can just run them up again as you have no right to close it out or ever end your obligation. You aren't allowed to see the document they say you signed, a current statement to have a contact address for the primary, nothing. No rights at all. Just obligation forever. I wouldn't even know the name of the account holder except Equifax listed his name (the other 2 didn't). The bank wouldn't tell me due to privacy issues. So I could be obligated for a loan forever and never know the person I was obligated to. And now that I know about such an absurd policy, I think I should at least try to bring it to light, get it changed and warn people about it.

    And yes, Marie, it is still open, 26 years later, and it actually is not late, just high balance lowering my credit but not nearly as bad as late. I was in a brief relationship with him back then, so he did have access to my information, SSNs were on everything in 1986. We broke up less than a month after they say I cosigned this, it was not a bank employee who signed as witness, so the whole thing is fishy. He probably thought I'd never find out, and he was right for 26 years.

  • Commercial Real Estate Lender / Syndicator · Dallas, TX · Member since 2011 · 888 posts · 309 votes
    14y

    Lynn - No worries. I was wondering why you didn't like a quote that was completely in line with your subject line, much of your post, and your closing.

    Emailing (what I like to call carpet bombing) the c-suite, board, and chief counsel can make things move along quite nicely when you get stalled at lower levels. I've done this several times in the past. These folks don't like complaints landing on their desks. If your email falls on deaf ears, a discovery request from an attorney may get you some of those docs you seek. Hopefully, it won't get to that.

Join the conversationCreate a free account to reply, vote on answers and follow this thread.