Co-signer rights: How co-signing works | Bankrate (2024)

Key takeaways

  • When you co-sign for a loan, you are equally responsible for paying it off, and promise to repay the loan if the primary borrower defaults.
  • Co-signing a loan doesn’t give you partial ownership of the property the funds are paying for — such as a vehicle or boat.
  • If the primary borrower defaults on the loan, it could lower their credit score and yours.

For individuals with a poor credit history or no credit history at all, finding a bad credit lender who will lend to them can be tricky. Getting a friend or a family member with a better credit history to co-sign a loan can make lenders more likely to grant these individuals a loan.

But becoming a co-signer should not be taken lightly. A co-signer takes on all the rights and responsibilities of a loan along with the borrower. This means that if the borrower can’t make a payment on the loan, the co-signer is responsible.

If you are considering becoming a co-signer for a friend or a family member, consider the impact it may have on you and your financial history before agreeing to sign on to the loan. It is also important to make sure you know the interest rate on the loan and calculate its monthly payments, as this will impact how risky it may be to co-sign.

Co-signer statistics

  • 21% of U.S. adults have co-signed a loan or another credit product to help out a loved one.
  • 18% of those who co-signed a loan for a loved one reported losing money. Meanwhile, 20% reported damages to their credit score.
  • Co-signing is more likely among the parents of adult children as they represent 29% of all individuals who co-signed a loan to help a loved one.
  • Co-signers typically need a credit score of 670 or higher and a debt-to-income ratio of less than 50% to be approved for the loan.

What is a co-signer?

A co-signer is a person who guarantees the debt of another individual. They are equally responsible for the debt, and must pay if the borrower does not make payments or defaults on the loan.

What is the difference between a co-signer and a co-borrower?

There are two types of parties that can apply for a loan alongside the primary borrower: a co-signer and a co-borrower. In both situations, all parties are legally responsible for the debt that’s being taken out. The credit scores and financial details of both parties are also considered in the application.

While both co-signers and co-borrowers take on responsibility for a loan, the two have several key differences:

Co-signersCo-borrowers
Have no title or ownership in the property the funds are for.Are on the title or have some claim to the property.
Are legally obligated to repay the loan, but only socially expected to if the primary signer falls behind.Split the repayment obligation equally with the other borrower.
Must have their income, assets, credit score and debt-to-income ratio considered in the loan application.Must have their income, assets, credit score and debt-to-income ratio considered in the loan application.

Co-signer responsibilities

If you’re considering co-signing a loan for someone, it’s important to know upfront what responsibilities you will have.

Paying back the debtWhen you co-sign a loan, you take on financial responsibility. If the primary borrower fails to make the monthly payments, that responsibility will fall on you. If you do not keep up with the payments, you may owe penalties, late fees and additional interest.
Gathering information and documentsCredit history, credit score, income, debts, employment and other financial details are all likely to be considered as part of the loan application when you agree to become a co-signer for someone. During the application process, a co-signer must gather all the related documents so that the primary borrower can submit their application.
Co-signer credit score may be affectedA loan you co-sign will be added to your credit history, which will impact your credit score. While you are not the primary person responsible for making payments, your credit score will be affected by how promptly payments are made. This means that co-signing could help or hurt your credit score depending on the actions of the primary borrower.

Co-signer rights

As you weigh the pros and cons of becoming a co-signer, review the rights of a co-signer to get a complete understanding of the financial implications.

You don’t own the propertyBeing a co-signer doesn’t give you rights to the property, car or other security that the loan is paying for. You are the financial guarantor, meaning you must make sure the loan gets paid if the primary borrower fails to do so.
Face collections before primary ownerWhen you agree to be a co-signer, you agree that collections can hold you responsible for a defaulted loan amount. According to the Federal Trade Commission, a co-signer can face collections for the loan amount before the primary borrower.
Co-signers can potentially be removed from the loanDepending on the lender, the borrower may be able to release you from the loan using a form called a co-signer release. However, this can only be done at the primary borrower’s request, and the lender must approve it.

What to consider before becoming a co-signer

If you’ve been asked to co-sign on someone’s loan, you should consider all the factors before agreeing. Your good credit could help a loved one achieve their financial goals, but is it a good thing for you? Consider the following before you take on additional debt.

The type of loan you’re co-signing for

Secured loans put collateral on the line — a house, a car or another piece of property. This means less risk for the bank because the collateral will be seized if the primary borrower cannot make their payments and you don’t fulfill your obligation. However, you should consider when this is a good idea for all individuals involved, especially if it’s your asset at risk.

Your financial situation

Generally, lenders want to see co-signers with high credit scores, blemish-free credit reports and long histories of consistent, on-time payments. They’ll also want you to have steady employment and verifiable income. Does this apply to your financial scenario? If it does, are you willing to risk your high-credit status to co-sign the loan?

Your relationship with the primary borrower

You shouldn’t co-sign a loan for just anyone. Think about your relationship with the primary borrower and consider how well you can trust them. Do you trust that they will make on-time payments? Or, are you worried they may not be able to keep up with the responsibilities of the loan?

You’ll want to be able to have open and honest conversations with the primary borrower about money. You both need to feel good about the agreement. The last thing you want is to ruin your relationship over financial tension.

The long-term implications of being a co-signer

If you’re co-signing a loan to help your child go to college or build up credit early on, then the risk may be worth it in the long run. If you’re simply helping a friend pay off credit card debt or buy a car that’s outside of their price range, it’s probably not the best move for you or for them, as it can potentially damage both of your finances.

Personal loan lenders that allow co-signers or co-borrowers

Most personal loan lenders do not allow co-signers. Instead, you will likely need to fill out a joint application where each person has equal responsibility for and access to the loan.

LenderAPRLoan terms
Mariner FinanceNot specified1-5 years
Laurel Road9.94%-24.25% (with autopay)3-5 years
SoFi8.99%-29.49% (with autopay)2-7 years
LightStream7.49%-25.99% (with autopay)2-12 years
LendingClub8.98%-35.99%2-5 years
Upgrade8.49%-35.99%2-7 years

The simplest way to find other lenders that allow co-signers is to ask. A lender may not advertise it or list it as an option in the FAQ, but if you reach out before you apply, you may be able to apply with a co-signer.

Mariner Finance and Laurel Road both allow you to apply with a co-signer. While SoFi, LightStream, LendingClub and Upgrade allow co-borrowers and joint applications. This means that both the primary borrower and the co-borrower will have access to the loan funds.

Frequently asked questions

  • Yes, being a co-signer for someone else’s loan can hurt your credit. To begin with, the loan will show up on your credit report. In addition, if you want to apply for a loan of your own at some point, the outstanding debt associated with the loan for which you are a co-signer will affect your loan application.

  • Yes, it is possible to get out of a loan if the primary borrower and the lender agree to a co-signer release. All lenders have different criteria for co-signer release, but in general, the borrower will have to demonstrate that they have the credit or repayment history needed to qualify for the loan on their own.

  • It is possible to remove a co-signer without refinancing. However, in most cases, the lender will likely require the borrower to refinance the loan anyway. This is because it’s unlikely that the borrower would qualify for the same rate and terms without the co-signer.

  • The process of co-signing is similar to borrowing money for yourself. You’ll have to provide an identification, your Social Security number and other personal details, as well as proof of income and assets. Using this information, the lender will then run a credit check to see if you meet the requirements.Although you won’t get any of the loan proceeds, if the borrower is approved for the loan, this account will show up on your credit report. That means it can affect your credit both positively and negatively, depending on how the borrower handles the account.

  • Yes, when you co-sign for a loan, the additional debt increases your debt-to-income ratio — which compares your monthly debt against your gross monthly income. If your DTI becomes too high, it could affect your ability to qualify for a mortgage.

Co-signer rights: How co-signing works | Bankrate (2024)

FAQs

Co-signer rights: How co-signing works | Bankrate? ›

Key takeaways

What are the rights of a cosigner? ›

No. Cosigning a loan doesn't give you any title, ownership, or other rights to the property the loan is paying for. Your only role is to repay the loan if the main borrower falls behind on the payments or defaults.

How does a co-signer work? ›

A co-signer is a person – such as a parent, family member, or a friend – who adds their information, including income and credit record, to the loan application and pledges to pay back the loan if you're unable to.

What are the rules for Cosigning? ›

In addition to having a good-to-excellent credit score, your potential cosigner will need to show that they have enough income to pay back the loan if you default on it. If they don't have sufficient income, they won't offset the lender's risk and may not be able to cosign.

What consideration should a cosigner have? ›

Think carefully before you do. If the borrower does not pay the debt, you will have to. Be sure you can afford to pay if you have to, and that you want to accept this responsibility. You may have to pay up to the full amount of the debt if the borrower does not pay.

Does a cosigner have equal rights? ›

Being a co-signer doesn't give you rights to the property, car or other security that the loan is paying for. You are the financial guarantor, meaning you must make sure the loan gets paid if the primary borrower fails to do so.

How do I protect myself as a cosigner? ›

Here are some ways to protect your financial health and prevent a default if you decide to be a cosigner.
  1. Ask the lender if you can be released from the loan. ...
  2. Keep in contact with the borrower. ...
  3. Routinely check your credit report. ...
  4. Communicate with the lender. ...
  5. Understand your rights.
Sep 15, 2022

Can you sue someone you cosigned for? ›

If the borrower has the ability to pay and simply won't do so, you may want to consider legal action. You can file an action in small claims court (in some states such as Georgia this is the Magistrate's Court) to recover any amount you have to pay on the borrower's debt, plus court costs.

Can a cosigner be removed from a loan? ›

The short answer is yes! Removing a cosigner from a car loan is absolutely possible, but there are a few different routes you can take to achieve it. The finance team at Marietta Toyota has outlined the purpose of a cosigner along with common ways to release them from a car loan below, so read on!

What rights does a cosigner have on an apartment? ›

A cosigner is a person who signs your apartment lease and shares responsibility for rental payments. The cosigner agrees to pay your rent if you can't, and they have equal rights to your apartment, unlike a guarantor. A cosigner is treated exactly the same as a cotenant in many ways.

Can a cosigner get in trouble? ›

You are just as liable on the debt as the original borrower.

Sometimes, by a lot. You are saying that the lender can try to get you to pay without first trying to get the borrower to pay. You are saying the lender can sue you if the borrower does not pay. You are tying up your credit.

Does a cosigner have to pay anything? ›

If you co-sign a loan, you're legally obligated to repay the loan if the primary borrower is unable to.

Can you break a cosign? ›

You can often remove a cosigner at any point during the loan period. Your loan paperwork might dictate specific terms, though. For example, some lenders require 24 months of on-time payments from the primary borrower before they'll consider releasing the cosigner.

What risk does a cosigner take? ›

As a cosigner, not only will your credit scores fall, but you'll also be liable for repayment of the debt, including late fees and collection costs.

What are the disadvantages of cosigning? ›

Risks of co-signing a loan
  • You are responsible for the entire loan amount. ...
  • Your credit is on the line. ...
  • Your access to credit may be affected. ...
  • You could be sued by the lender. ...
  • Your relationship could be damaged. ...
  • Removing yourself as a co-signer isn't easy.
Nov 3, 2023

What affects a cosigner? ›

Here are some common ways your credit score could be affected if you are a co-signer: Missed or late payments: Co-signers are required to make payments on the account if the main account holder misses payments. If the consignee makes late payments, or misses them altogether, then your credit score could drop.

Do co-signers have ownership rights? ›

A co-signer applies for the home loan right along with you. However, they are not on the title of the home. The co-signers name is only on the loan, meaning that while they are financially responsible for paying back the mortgage, they do not have ownership of the property.

Can a cosigner claim ownership? ›

Responsibility for payments: If the borrower defaults, the co-signer is responsible for all loan repayments. No legal claim: The co-signer is not on the title and has no legal claim to the car.

Do cosigners have rights to the car? ›

While you don't necessarily have the same rights to the vehicle as the primary borrower, you – as the co-signer – are equally responsible for ensuring the loan is paid back. If the primary borrower doesn't make their monthly loan payment, you will be asked to make the payment.

Can I be removed as a cosigner? ›

If there isn't a current balance on the account, some credit card issuers may be willing to remove your name, provided the original borrower has decent credit. You or the original borrower can call and ask if this is an option.

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