Can I be sued if I cosign for a car loan?

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Can I be sued if I cosign for a car loan?

Auto LoansHow Does LendingTree Get Paid?

LendingTree is compensated by companies on this site and this compensation may impact how and where offers appear on this site (such as the order). LendingTree does not include all lenders, savings products, or loan options available in the marketplace.How Does LendingTree Get Paid?

How Does LendingTree Get Paid?

LendingTree is compensated by companies on this site and this compensation may impact how and where offers appears on this site (such as the order). LendingTree does not include all lenders, savings products, or loan options available in the marketplace.

Pros and Cons of a Cosigner on an Auto LoanWritten bySarah BradyEdited byAllison WilliamsUpdated on: January 31st, 2021

Editorial Note: The content of this article is based on the authors opinions and recommendations alone. It may not have been reviewed, commissioned or otherwise endorsed by any of our network partners.

If you have little to no credit history, or if your credit history is less than perfect, you may need a cosigner to qualify for a car loan.

A cosigner on an auto loan agrees to take full legal responsibility for repaying the loan if you cant pay it back. Having a cosigner for a car gives a lender extra assurances that the loan will be repaid.

While a cosigner can help you get an auto loan, theyre taking on risk. Well start you off with some pros and cons as we discuss what you and your potential cosigner need to know before making this commitment.

  • Cosigning a car loan: pros and cons
  • Why you might need a cosigner on an auto loan
  • How does cosigning for a car work?
  • Where to find auto loans with cosigners
  • FAQs about cosigning a car loan

Cosigning a car loan: pros and cons

You should always consider the positives and negatives of cosigning before asking someone to help when you apply for an auto loan.ProsConsHelps you buy a car when you cant qualify for financing on your own

Gives you the opportunity to start establishing credit or rebuilding your credit as you make on-time payments on your loan

You may qualify for a lower interest rate, which could save you money on your monthly repaymentsPossible damage to your cosigners credit if you miss loan payments

The cosigner may have to pay late fees and collection costs and may face legal action if the loan is unpaid, including being sued and having their wages garnished

Potential damage to your relationship with a loved one if you fail to repay the loan

Why you might need a cosigner on an auto loan

A cosigner  usually a close family member or loved one, such as a spouse or a parent  may help you qualify for a loan if youve been denied, or if youre looking for a better interest rate.

If a lender views you as a high-risk borrower, it might ask you to find a cosigner before approving you. Some of the reasons a lender would not approve you on your own include:

  • You have negative information in your credit reports or too little credit established
  • Your history of employment is unstable or isnt long enough
  • Your debt-to-income (DTI) ratio is deemed to be too high

While its common to seek a cosigner who has good credit, your cosigners credit history and income history dont necessarily need to be perfect.

Joel Ohman, a certified financial planner and founder of CarInsuranceComparison.com, said the most important thing  from the lenders point of view  is that you have a second person for repayment.

Its common to have a cosigner, so lenders tend to offer a quick, streamlined process. But Ohman cautions that its important to step back and examine the seriousness of the commitment.

Cosigner rights and responsibilities

Even though a cosigner has no ownership rights to your car and the cosigners name does not need to appear on the title, the cosigner still agrees to take full responsibility for the loan. In other words, the cosigner has to make all the payments if you fail to do so, but they would need your permission to use the vehicle.

Cosigners have the right to see monthly account statements and late notices, but the cosigner may need to get a written agreement from the lender before being granted access to these documents. Other rights will vary depending on state laws.

Cosigner vs. co-borrower

If youd prefer an arrangement where you share equal rights with another applicant, you may want to consider finding a co-borrower instead of a cosigner. Co-borrowing is a formal, legal agreement to split the rights to the vehicle. This might be a more fitting arrangement for someone like a spouse who plans to use the vehicle on a regular basis and will contribute to monthly payments.

How does cosigning for a car work?

Theres sometimes a misconception in thinking that cosigning is as simple as a character reference, said Ohman, but its not just about vouching for your ability to repay the loan.

Instead, the cosigner is lending you their good credit history and taking equal responsibility for the auto loan contract.

Both parties will have to submit similar information to the lender, and the cosigner will likely be subject to a credit check, too. The documents and information youll need to present can vary by lender, but they generally include the following:

  • Drivers license
  • Proof of income
  • Verification of address
  • Social Security number

Risks of cosigning

As the primary borrower, youre required to make loan payments, but the cosigner is on the hook if you stop paying. As weve noted, the cosigner could be subject to late fees or collection costs, including being sued, if you fail to make payments. They can also be required to pay back the loan if you file bankruptcy or die.

Lenders may also include the loan in your cosigners DTI ratio, which calculates your monthly debt payments and divides them by your gross monthly income. If it pushes your cosigners DTI over 36%, this could result in a lender denying the cosigners future loan applications.

Both parties also face credit liability. Information about the loan will appear on your credit reports, as well as the cosigners reports. If a payment for the loan is missed, it will affect both of your credit scores negatively and appear on each of your credit reports for seven years.

Another factor for both parties to consider is insurance liability. Requirements vary by state and lender, but the cosigner likely wont need to have their name on the insurance policy unless they elect to add their name to the title. Ohman recommends, however, that even if a cosigners name isnt on the policy, they should check to make sure the owner has at least the minimum coverage required by the lender and the state.

While its not a formal responsibility, both of you should consider the long-term commitment youre making to each other. If you as the primary borrower take on a loan with a six-year repayment term, any bad decisions you make during that period could negatively impact your cosigner.

Where to find auto loans with cosigners

If youre looking for a lender who accepts cosigners, youll have plenty of options. Its common for lenders to allow applications with a cosigner, so its best to shop around and compare offers to find the best deal.

A great place to start is through your bank or credit union, since you may be able to access special benefits as a member or customer.

Bank of America, for example, allows applications with a cosigner and can offer you a decision in as little as 60 seconds. State Farm, which offers auto loans online, allows cosigners as well.

Another option is to go directly to a dealer for financing. Dealerships can submit applications to lenders on your behalf, or offer in-house financing, though you should practice caution if you go the latter route. While in-house financing can mean less stringent requirements for getting a loan, they may come with major drawbacks, including higher interest rates.

FAQs about cosigning a car loan

What does cosign mean?

Cosigning a car loan means adding your name to a borrowers auto loan application. If the borrower defaults on the loan, repayment then falls to the cosigner.

Does having a cosigner lower car payments?

A cosigner for your car loan improves your chances of receiving a lower interest rate and therefore lower payments. But your loan term plays a role, too  the shorter the loan term, the higher your monthly payment and vice versa. Our affordability calculator lets you play around with the numbers.

What credit score does my cosigner need for a car?

While there is no set credit score needed to buy a car, the highest scores tend to yield the lowest rates. The average score for a new-car buyer is 732 and 665 for used-car buyers, according to Experian. Bottom line: your cosigners credit score should be higher than yours. If its lower, a cosigner might not benefit you.Compare Auto Loans in Minutes  Get StartedShare Article

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