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option to get money back from student cosigned

Submitted by on Thu, 08/02/2012 - 07:28
Posts: 202330

[COLOR=black]I am the co signer on my niece's student loan. Can I get her to sign a promissory note that she agrees to pay me back for any amounts I contribute to the loan. She has already missed some payments that I paid to keep the loan in good standings. At some point I???m figuring she will run into problems again. As I am preparing myself to ultimately assume the debt, could I pay off the loan after I have her sign an agreement that the debt now is payable to me as a binding legal agreement? And this making it possible for me to go after her in the future if she does not pay be back?[/COLOR]

Since you are the cosigner, you are equally responsible for the debt.

If you want to somehow force her to repay you, you will have to get her to sign an agreement with you and have it notarized. Then you could take her to small claims court for repayment.

If she's not paying her student loan, what makes you think she's going to pay you? And, what makes you think she'll sign an agreement with you taking full responsibility for a debt that you're currently on the hook for?

Submitted by OhioGal1 on Thu, 08/02/2012 - 07:38


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I think family pressure might help in this situation. Ultimately the poster of this thread is trying to protect her credit. In a way it could be a win win situation. And if she does sign the agreement and defaults, it can be much easier for a family member to pursue legal remedies as they generally can find out where the borrower works and banks.

Submitted by SOAPLADY on Thu, 08/02/2012 - 07:47


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