Is there anything I can do about a loan I found out was entered in my name only?
2009-11-29I co-signed a loan for my brother to get a harley back in the summer. He lost his job and can't make the payments now. I just found out that they never put his name on anything and the loan was obtained using my name only, without my knowledge, though all of the paperwork we signed had both our names on it. He as the loan holder and me as co-signer. Are they allowed to do that?
Answer:Yes, they are allowed to do that..
You just learned a very hard lesson…
NEVER NEVER COSIGN A LOAN. If the other party defaults, YOU are on the hook for paying the loan, and YOUR credit rating gets ruined if the loan isnt paid…
Answer:YOU agreed to cosign. Even if you brother had done everything the way you thought, you would STILL be 100% liable for what he would not be paying. You can TRY to sue him for what you WILL pay the lender, but I doubt you will be able to collect, even if you win.
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Answer:You can probably go back to the lender and add your brother's name to the loan, based on the copy of the paperwork that you signed. Hopefully you have a copy of that. However, what you cannot do is take your name off the loan, so the result will still be the same – you will be responsible for the payments.
Since the lender thought you worthy as a co-signer, you will probably be able, with sacrifices, to make the payments. Is your brother honorable? Will he agressively seek another job, then resume payments, and pay you back for the portion where you covered for him? If that's not the case, the bike should be sold now to reduce the debt. It's unlikely that the proceeds would fetch enough to pay off the loan, though – you would still be responsible for that.
Answer:Yes. Cosigning means that you are fully responsible for the loan if he defaults. Expect your credit to suffer considerably. And you can not get your name "off" the loan. Since the bike is probably now worth much less than it was when you bought it (if it was new) you are going to have a hard time selling it for a high enough price to pay off the loan. Call the finance company and see if there is anything you can work out.
Answer:It sounds like fraud to me and it sound like your deadbeat brother was involved. Check with a local lawyer and don't ever cosign for someone again.
Proverbs 17:18 (New American Standard Bible)
A man lacking in sense pledges and becomes guarantor in the presence of his neighbor.
A lesson many of us have learned the hard way!!
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Answer:u have to repay the loan