Co-signer question

So to make a long story short I agreed to co-sign a personal student loan for my brother a year ago. It stated it didn’t have to be paid til Dec 07. However, they started charging in Dec 06. He is now 2 payments behind because he is unemployed after graduating college.

When they spoke to me they said I’m also co-signed on his Visa card *balance is over 11,000. Which I never signed, he wrote my name on it and forged my signature.

Now the lady over the phone told me she can’t verify that, and I asked if it was notarized and she goes “we don’t notarize”. I was like then why did I go to a notary in NY to sign because I was out of state, and she was clueless.

Now my 3 questions.

  1. How bad is his late payments on the student loan going to affect my credit score (which is currently around a 720-740ish)
  2. How can I get off the joint account in which I never signed without pressing legal action since he is my brother and I wouldn’t want to do that.
  3. Can they go after my bank accounts if he doesn’t pay on the student loan?

This is really a bad situation for me, as I assumed that with graduating with a law degree he would be compelled to get a job, but thats not the case because his gf is still in highschool *(yes hes 21 law grad and dating a senior in highschool still) and he is not wanting to leave the area to get a job. Not to mention his my brother so it really sucks, considering I already loaned him 1100 this winter to help out which he hasn’t paid me back yet.

Have mom ground him.
Pay his minimum payments on the Edu Loan
Pull your report to see if his visa card shows under your info - if it does, remove his balls. If it doens’t, should be NBD.

The collection broad may have been pushing buttons with regard to the Visa… its what they do.

And finally, never sign for anyone if you cannot afford to payoff the debt. Better yet, never sign for anyone.

I can’t pay his mimimum payment on the edu loan, as its 2 months past due and min payment right now is $780.

Plus I am not loaning him another penny because he is 21 and should grow up and get a real job.

Only way to remove your name from the debt is with a death certificate, or have him take a new loan (solely in his name) and pay off the one that you’re on, aka refinance it.

In other words… prepare to ‘fix’ your credit for the next few years.

In terms of what you actually did cosign on, you’re fucked.

In terms of what he forged you on, go to him about it, if he gives you shit, prepare for a legal battle, yes, with your brother.

My biggest concern is this, he has no job, 11,000 on one card is easily a 200/mo. payment and if he cant afford to pay his loan payment I don’t want to get dicked over on the credit card too when he openly admits to forging my name onto it

[quote=“MPD47,post:5,topic:30184"”]

In terms of what you actually did cosign on, you’re fucked.

In terms of what he forged you on, go to him about it, if he gives you shit, prepare for a legal battle, yes, with your brother.

[/quote]

Mike, for what I did sign, I assume thats going to fuck my credit score up bad, but can they go for my bank account?

[quote=“ryanmcell,post:7,topic:30184"”]

Mike, for what I did sign, I assume thats going to fuck my credit score up bad, but can they go for my bank account?

[/quote]

[quote=“ryanmcell”"]

So to make a long story short I agreed to co-sign a personal student loan

[/quote]

And, yes they can go after your bank account & assets IF they file & win a judgement against you in court.

Ahh ok, so it would have to go to court first then.

I just didn’t want to go to pay rent like next month to see I was like -300 in my checking.

[quote=“ryanmcell,post:9,topic:30184"”]

Ahh ok, so it would have to go to court first then.

I just didn’t want to go to pay rent like next month to see I was like -300 in my checking.

[/quote]

Oh its not like you would show up in court with an atty or anything… the collection agency will simply go to a judge, show the contract you signed, and get rubber stamped.

This is how it works with unsecured consumer debt… I CANNOT say if educational debt is exactly the same.

They would go for him obviously first right? I mean its not like they will say ok 2-3 months late, go for the co-signer first.

correct.

Ok, so tomorrow when I go home its beat his ass.

Another quick question, if he openly tells them about the Visa and signing my name I could theoretically get off it, but would he face charges?

waiting for sureshot!

And yes, go beat his fucking ass. As for not wanting to go to court, your brother already brought about what could possibly turn into a family feud type of years long bad blood. :tdown:

I’m not saying fuck your brother over, but he did it not you. If you don’t stand up for yourself and get yourself out of hot water, you will only make things worse.

[quote=“ryanmcell,post:13,topic:30184"”]

Another quick question, if he openly tells them about the Visa and signing my name I could theoretically get off it, but would he face charges?

[/quote]

Probably, and he should. On one hand you could try to help him out, but on the other would you really be doing him any favors if you shield him from the consequences of his own actions? I really don’t know.

Good luck. I hope your brother man’s up and all ends well.

If he is unemployed, he should call the lender, and they will defer the loan for six months.

That will give him some time to get his act in gear.

As for the credit cards, he will need to go to a consolidation place to rehab the payments into something manageable.

Your brother sounds like a real winner to me.

You should probably start paying on stuff…after all, that IS what you were agreeing to when cosigning. I’d rather be out a couple grand and put pressure on my brother to pay me back than ruin my credit score…

[quote=“ryanmcell”"]

When they spoke to me they said I’m also co-signed on his Visa card *balance is over 11,000. Which I never signed, he wrote my name on it and forged my signature.

[/quote]

Brother or not, he fucked you over big time there, if it was me, I’d take whatever action nessecary to not get dragged down with him

Especially if he’s too lazy to look for a job. By taking no initiative there, he’s more or less showing he doens’t care if his situation fucks your credit.

[quote=“brent_strong,post:17,topic:30184"”]

You should probably start paying on stuff…after all, that IS what you were agreeing to when cosigning.

[/quote]

Read the part where his brother forged his name.

[quote=“JustinH,post:16,topic:30184"”]

If he is unemployed, he should call the lender, and they will defer the loan for six months.

That will give him some time to get his act in gear.

As for the credit cards, he will need to go to a consolidation place to rehab the payments into something manageable.

Your brother sounds like a real winner to me.

[/quote]

He already made like 5 payments on the loan, can he still get it defer it for 6 months even though hes made the payments?