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My friend asked me to co-sign for her to get a personal loan using a finance broker. I agreed because I trust her and I wanted to help. She received the money by e-transfer and she is paying the loan through auto debit deduction.

Little did I know that the loan was named with me as the primary and it was transferred to a car dealership, which they made it a car loan and my vehicle was made as a collateral.

I could not sell or trade my car for that matter. The finance broker didn’t inform me and I was unaware of what the outcome will be. Now it seems that I did make the loan and my vehicle will be repossessed if my friend defaults.

The money that was transferred to her was 30k but the term in the loan was 66k payable for 84 months. She was ripped off basically.

What can I do to take out my name out of this loan?

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    Probably nothing, but I'd suggest talking to a lawyer.
    – littleadv
    Commented Aug 8 at 7:19
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    Regardless of what the finance broker told you, you must have been given paperwork to sign which must have laid out the terms and conditions, who is the primary signer, what the total repayment etc. This may be an expensive lesson to learn that you should READ THE PAPERWORK and make sure you understand it.
    – Vicky
    Commented Aug 8 at 10:50
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    And for a 30k loan to cost 66k over 84 months (7 years) implies an APR of 26.5% (more or less), which is absolutely extortionate. This is an awful deal.
    – Vicky
    Commented Aug 8 at 10:50
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    They can't just "make it a car loan" or change the terms without you agreeing to it. Do you have a copy of the new loan terms, or did you just not read those parts of the laon you signed?
    – D Stanley
    Commented Aug 8 at 13:29
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    Did you volunteer your vehicle information, or did they acquire it by some other means and insert it into the paperwork?
    – Mentalist
    Commented Aug 9 at 7:14

3 Answers 3

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I don't understand how they could "transfer to a car dealership" and then put a lien on your car. Was this actually a personal loan (no collateral) or did you give them your car's information (make, model, VIN)?

You need to read the paperwork (that you signed!) to know what your rights are and how this is structured. It sounds like they took your car information, put a lien on it, then paid your friend the loan. You have all of the risk and none of the gain in this transaction (other than "helping" your friend).

People throw around the term "co-signer" but that doesn't mean anything. Both of your names are on the loan so you are both equally responsible. The only way to get the loan off your car is to pay it off with a new loan or sell the car and pay it off (which will require cash unless the car is worth more than the loan).

@Vicky mentioned a 26.5% APR. This is predatory especially on a loan with collateral. Figure out how to refinance or pay this off quickly! In the future, give your friend a gift (not a loan!) without expecting payback. Anything else will usually end in frustration (at best) or financial ruin (at worst).

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    I suspect this isn't actually correct. If they attached his vehicle to his surprise there's a pretty good chance he will be able to topple the whole as fraudulent dealing.
    – Joshua
    Commented Aug 10 at 19:08
  • Actually i’m still financing my vehicle and i still have remaining balance owed to the bank. But the finance broker asked for my vehicle details, registration and the amounts remaining stating that it’s only a requirement of me as a co signer. She didn’t explained further more when i’m asking more details about it. They’ve sent me documents with my vehicle information on it they told me to sign it. I was skeptical but my friend told me to trust them. To my dismay i came to know that my vehicle was made as collateral and i’m the primary borrower. Their is hocus focus Commented Aug 11 at 12:39
  • In addition to this when i check to my credit report this loan is not recorded. Even the hard check they made was not included in my file upon checking with trans union.l. It’s either they didn’t report the loan to the credit bureau which i heard some private financing company was doing that too. Maybe because there’s a lot of discrepancies with the terms of the loan. Why do they need to make my car as collateral if they already made me the primary borrower knowing my credit score is 833 and yet they didn’t follow the 11% interest rate with the loan. Commented Aug 11 at 15:06
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    @MiratheaAmelie Loans could take 30 days to show up on your credit report. What does the paperwork say about your car? How do you know there is a lien on the vehicle?
    – Nosjack
    Commented Aug 12 at 13:48
  • Actually it’s been 9months since the loan was made and it didn’t show up in my credit report nor the credit check that has been made before they approved the loan. When i phoned the dealership and ask for a copy of the paperwork that’s the only time i read the terms in the loan contract and everything that was stated in it was completely incorrect the only right thing that was in the contract is my personal detail and the vin # of my vehicle. I also read that i could not sell or trade my vehicle. Commented Aug 13 at 20:36
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This is a tale as old as time. Yes these "finance broker", whatever that means, lie. There really is no such thing as a co-signer, only a co-owner. In addition to being on the hook for the loan if your friend defaults, you also opened yourself up to liability. If your friend, loans this car to another friend, and that friend does something negligent with the car you could be sued as you are an owner of the car. It sucks.

The only real way to get out of this is to pay off this loan, by either replacing it with another loan or selling the car. To sell the car and do away with the loan will probably require cash to make up the difference between the value of the car and the loan amount.

So I understand that you wanted to help your friend out, but was 30K really necessary? That is a lot of money to spend on a car for a person who is having financial difficulties. Even if they do continue to make the payment, they will end up paying over 66K for a car that might be worth 8K when all is said and done and if things go well. That is not a recipe for improving someone's financial position.

Had you helped this person purchase basic transportation for a more reasonable amount (like $5,000 or less) that would have been far more helpful.

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    Co-signers have no ownership interest in the car, and I would be very surprised that you could be sued as a part owner unless you signed something in addition to the loan paperwork. The primary borrower is just the person the lender tries to get money from first; co-signers are equally liable for the debt.
    – chepner
    Commented Aug 8 at 18:53
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    I think the OP is saying the loan was supposed to be a personal loan with no collateral but their car was somehow added as collateral, not that it was a car loan. Commented Aug 9 at 0:43
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    There's no indication in the question that the loan was used for or ever intended to be used for a car purchase.
    – brhans
    Commented Aug 9 at 3:43
  • We didn’t sign up for a car loan. Initially the application was personal loan amounting to 30k to this finance broker. But we didn’t know that both our vehicle was put as a collateral without our knowledge. They just told us it’s their requirement for the loan they give to my friend. It seems the broker had a deal with a financing car dealership because when i saw the contract of the loan they made it look like my friends vehicle was traded and i purchased my car in that dealership. And the total amount he owed is 46k plus the interest for 84mos it will sum up to 66k. Commented Aug 11 at 12:49
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    @MiratheaAmelie it is ridiculous. Why did you sign the papers?
    – Pete B.
    Commented Aug 12 at 10:34
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In a cosigned loan, both the signers are equally responsible for making the payments. Primary only means that person is the one expected to make normal payments.

If your friend isn't paying on time, the lender can certainly demand that you do so.

If it is a secured loan, they are entitled to demand that you sell the securing item to make those payments, or let them do so; that's what securing the loan with existing property means. This is essentially the same thing as repossession, though in that case the loan is secured by the item that was purchased.

However, they can't add collateral after the loan has been signed. So if they are threatening to take your car, either you agreed to that when you signed the loan, or they are suggesting that you could sell the car in order to make the payments but you can make them however you want, or they are lying to you in order to scare you into making payments more quickly.

Given the usurious interest rate (is this a credit card loan?), I would not be surprised by any of those three. This is not a loan your friend, or you, should have gone anywhere near.

You could try asking a lawyer to review the terms of the loan to make sure they aren't just lying. But as cosigners, you and your friend have to come up with the money somehow.

Given that high rate of interest again, one obvious suggestion is to refinance. That is, talk to banks about finding a loan with a more reasonable interest rate, and using that to pay off this one. If you can qualify for a more normal loan, the savings in interest could be HUGE. I have helped one relative, and one friend, arrange exactly this. In those cases, I was the one who took out the new loan, and I had my friend sending me checks to make the payments. If they had to skip a payment, I made it, and made a note that they owed me that payment plus interest. Less expensive, more straightforward, and realistically it's the same arrangement, and risks, as cosigning except that you, rather than the bank, have to keep track of what your friend still owes you.

Or, you could not bother taking out the loan, and just lend the friend your own money, assuming you have that much cash on hand. You would lose whatever interest you are gaining from whatever account that money is sitting in, but you wouldn't be paying interest. That may or may not be a better deal for you financially. Of course, you should still be charging your friend interest, to make up for the interest you are losing.

Those would be my recommendations now. You and your friend have the bad loan, with an awful interest rate. You and your friend have to pay it off. Taking a more reasonable loan, and paying it off in full now before it accrues more interest at that rate, is the best way out of this hole.

Next time, remember that if you are considering copaying, you are effectively taking out the loan on their behalf. If it isn't a reasonable loan, and if you wouldn't be willing to lend them your own money (since effectively that's what you're doing), don't do it. But for now, you're stuck, and may need to focus simply on limiting your losses until and unless your friend's finances improve.

And they owe you one hell of a favor.

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