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    candyfloss7's Avatar
    candyfloss7 Posts: 30, Reputation: 4
    Junior Member
    		  
    #1

    Jan 24, 2011, 09:47 AM
    Information for a co signer
    My husband co-signed for quite a large sum loan from the bank in 2008 for his daughters education at university , she had it deffered already twice and is supposed to have started payments 10 days ago Jan 2011 but has failed to do so as yet , my husband and his daughter are not now in the best of relationships with each other and we suspect she will not make the payments and leave it to him knowing he is obliged to pay the payments on her behalf.
    I know he is legally bound to do this ,is there any way he could fight this as she is able to work but doesn't and is there any way if my husband paid some of the loan to reduce the amount he could be removed as co-signer after the loan decreases to a certain amount or are we just doomed to pay her loan completely now for the next 20 years or more ?
    Hoping for the best
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
    		  
    #2

    Jan 24, 2011, 09:59 AM

    Whoever made the loan knew his daughter was not a great risk so they required the co-signer. Dad , or she, must pay or both will be held accountable. He could make the payments and then try to sue her for breach of some oral contract if there was one. Who loaned the money?
    candyfloss7's Avatar
    candyfloss7 Posts: 30, Reputation: 4
    Junior Member
    		  
    #3

    Jan 24, 2011, 10:10 AM

    The Bank is the lender , she is the borrower I know my husband is legally bound to pay as co-signer if she doesn't, I just wondered if we can change that if we can prove she is not paying out of spite and is able to work but doesn't.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
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    #4

    Jan 24, 2011, 10:12 AM

    The bank will not care, they will simple want their money. If dad decides to sue her then he could bring up that argument. Was there an oral or written agrement regaarding her repaying the loan if she defaulted?
    candyfloss7's Avatar
    candyfloss7 Posts: 30, Reputation: 4
    Junior Member
    		  
    #5

    Jan 24, 2011, 10:22 AM

    The only written agreement was with the Bank ,nothing with his daughter , at the time they were 'friends' and all was well , unfortunately that changed and I guess we will pay the price, thanks for your help Ballengerb1.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
    		  
    #6

    Jan 24, 2011, 10:50 AM

    Did she orally agree to repay? With no agreement at all the courts would see this as dad borrowing money to send his kid through school. If she had agreed to repay then the courts would consider that and likely side with dad
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