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CoSignatory on a loan question - re / e-signing

I know there's a few lawyers on here, does anyone have experience with getting "out of" a loan? I put it in quotes because I never actually signed any loan paperwork in the first place.

I found out post - split that when he got his motorcycle loan, he put me down as a cosignatory. He "e-signed" it for me, meaning he typed in my name and social security number, but I wasn't part of this at all. I didn't even know about it.

Now I am held responsible any time he doesnt make a payment, which has happened more than once. I can't even believe that's a legally acceptable way to hold someone financially responsible, yet, there it is. What can I do now?

Vacation

Re: CoSignatory on a loan question - re / e-signing

  • WahooWahoo member
    Ancient Membership 2500 Comments 5 Love Its Combo Breaker

    Note:  I am NOT a lawyer.

    Contact the lender and tell them that you were never a party to this loan.  Be prepared to file fraud charges with the police.  You might have to file fraud / identity theft charges before they take you seriously.  I don't know what kind of relationship you have with your x.  You might want to contact him and tell him to take your name off the loan (ie: get a new loan without your name on it) or you will file charges, and I would give him 30 days at the most.  Or you can just file charges - whatever works best for you.

    Were you married at the time he took out the loan?  Because if you were married you might still be held liable for any debts he incurred during the marriage.

    I would also

    a) contact the lawyer who handled your divorce about taking care of this

    b) repost this on money matters. 

    image "Before you diagnose yourself with depression or low self esteem, first make sure you are not, in fact, just surrounded by assholes.
  • imageWahoo:

    Note:  I am NOT a lawyer.

    Contact the lender and tell them that you were never a party to this loan.  Be prepared to file fraud charges with the police.  You might have to file fraud / identity theft charges before they take you seriously.  I don't know what kind of relationship you have with your x.  You might want to contact him and tell him to take your name off the loan (ie: get a new loan without your name on it) or you will file charges, and I would give him 30 days at the most.  Or you can just file charges - whatever works best for you.

    Were you married at the time he took out the loan?  Because if you were married you might still be held liable for any debts he incurred during the marriage.

    I would also

    a) contact the lawyer who handled your divorce about taking care of this

    b) repost this on money matters. 

    MM seems to be more active on the board that Looking up mentioned above, I would recommend posting there. 

    image
    They see us rollin'...they be hatin'.
  • SueBearSueBear member
    Ancient Membership 2500 Comments Combo Breaker

    This is from e-how.  Note that it says that you need to notify the lender as SOON as you know, or else you will be considered to agree with the co-signing, even if you didn't physically sign.

    Also, in your case your x/stbx is not exactly a "loved one," so that may make things easier (or harder) for you.

    I would contact a lawyer and have them handle it.

     

    Remove Your Name From a Forged Loan

    When a loved one has forged your signature on a loan, it puts you in a tough spot. You don?t want to be held liable for a decision you never made, but you also want to avoid having your loved one be arrested for forgery or fraud ? something that could happen if you blow the whistle to get yourself off the hook.

    The lender probably won?t remove your name from a forged loan unless you report the forgery to the police or give them a signed affidavit where the forger admits to the offense. Both put your loved one at risk of criminal action. If you don?t let the lender know of the forgery soon after you find out, your silence could be interpreted as acknowledgment. In other words, you could be liable for the loan.

    You could try to take one of the actions mentioned before: have the person refinance or consolidate the loan or transfer the balance if it?s a credit card. You can also make an arrangement with that person to have them pay off the loan within a certain amount of time, sooner rather than later. You might have the forger sign an affidavit admitting to the forgery just in case they don?t pay off the loan and later try to claim that you did cosign.

    If you can?t get the lender to remove your name from a cosigned loan or credit card balance, your best option is to at least keep up the minimum payments until the balance is paid off or until the other borrower can get the account in their own name. Cosigning may not become an issue unless the other person isn?t keeping up with the payments, so get into the habit of checking the payment status, especially on the due date and the date after. Don?t wait too long because late payments go on your credit report after 30 days.

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