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  1. #1
    Join Date
    Jun 2009
    Posts
    2

    Angry Can I Sue Cosigner for Amount of Personal Loan Tacked Onto Auto Loan

    My question involves an auto loan or repossession in the State of: FL

    Embarrassingly enough, in 2007 I co-signed an auto loan for my sister-in-law, obviously not knowing what I was getting into. Within 8 months she had been over a month delinquent and been dropped from her insurance company, never having informed me of either. When this happened, I had to take over the payments because she said she couldn't afford to pay it anymore. At this time I discovered that she had rolled a $5000 personal loan on to the auto loan of $5500, leaving me with a car that owed twice what it was worth. I've had the car in my possession in NC for almost two years but because of the negative debt am unable to trade-in with my other car for a new one.

    My question is, since the co-signer still tells me she can't make payments, can I sue her for the amount of the personal loan that's tacked on top of the auto loan?

    We are both listed on the title, stated as an "or" contract.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Can I Sue Cosigner for Amount of Personal Loan Tacked Onto Auto Loan

    the first thing I would do is ask the lender how they made you liable for an addition to the loan without your agreement. They cannot simply consider you as a cosigner to whatever the principal decides they want to add to the loan. You have to acknowledge the changes or they are not binding on you.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Can I Sue Cosigner for Amount of Personal Loan Tacked Onto Auto Loan

    I agree with jk. Very often such a revision of a car loan to include another debt will let the cosigner off the hook, or leave the cosigner responsible only for the amount for which he originally cosigned. Were you cosigning for a car loan, or for a line of credit used to purchase the car (and pay off the other loan)?

  4. #4
    Join Date
    Jun 2009
    Posts
    2

    Default Re: Can I Sue Cosigner for Amount of Personal Loan Tacked Onto Auto Loan

    From what the bank tells me, this was all on the original loan. To be honest, I was 18 years old, had no idea what I was doing and didn't ask any questions. They asked me to co-sign and I went to the dealership between classes just long enough to sign the paperwork. But even with that, isn't it still possible to sue for the personal loan? I have possession of the car and I have no problem paying for it, I just don't want to be stuck with the personal loan she tacked onto it so she could buy a laptop and furniture. I just want to be able to get rid of the car.

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