khaepmu Posted July 6, 2018 Share Posted July 6, 2018 I have a close friend who guaranteed his relative's car payments. Meaning if they don't make their monthly payments he is responsible. But he no longer wants to carry this burden and wants to get out of it. The finance company told him he is responsible until the relative gets a new person to guarantee her. A local policeman said that that is not entirely true but did not give him any details. Is there an easy legal way for him to get out being responsible for the payments should his sister fail to make them he wonders. He is, according to him, not really worried but they have had serious arguments about family matters. Any reasonable advice would be appreciated. Please, no sermons about taking on these kinds of responsibilities. 1 1 Link to comment Share on other sites More sharing options...
Popular Post stevenl Posted July 6, 2018 Popular Post Share Posted July 6, 2018 He signed a contract, he is stuck now. As the finance company said, finding someone else to take over they find acceptable is his only option. 9 Link to comment Share on other sites More sharing options...
quandow Posted July 6, 2018 Share Posted July 6, 2018 I went through this with my son. I cosigned on an auto loan so he could get a lower interest rate. THEN he started exhibiting VERY irresponsible behavior, a DWI being one of them, and if he ever got in a serious accident they would have come after me. The only way for your friend to get out from under this situation is for the other person to refinance the loan with no cosigner. 1 1 Link to comment Share on other sites More sharing options...
Andycoops Posted July 6, 2018 Share Posted July 6, 2018 Get some legal advice. Link to comment Share on other sites More sharing options...
lordblackader Posted July 6, 2018 Share Posted July 6, 2018 6 hours ago, stevenl said: He signed a contract, he is stuck now. As the finance company said, finding someone else to take over they find acceptable is his only option. Correct answer. You sign up as a guarantor, it's for the entire period of the contract you signed up for. 1 1 Link to comment Share on other sites More sharing options...
Popular Post BritManToo Posted July 6, 2018 Popular Post Share Posted July 6, 2018 8 hours ago, khaepmu said: Is there an easy legal way for him to get out being responsible for the payments Yes, he can pay off the entire loan himself. 5 1 Link to comment Share on other sites More sharing options...
Popular Post Cyclone88 Posted July 6, 2018 Popular Post Share Posted July 6, 2018 The answer is in the word... GUARANTOR... Your friend guaranteed to make full payment if the buyer defaulted. He can't all a sudden tell the bank that he will no longer be responsible. If he could, what would be the point of a guarantor? He signed on the dotted line, now be needs to honour his word like a true gentleman. 2 1 Link to comment Share on other sites More sharing options...
1FinickyOne Posted July 6, 2018 Share Posted July 6, 2018 They would not have given the car without a guarantor... until the car is paid off - or a guarantor is replaced, the responsibility is his.. Link to comment Share on other sites More sharing options...
Searat7 Posted July 6, 2018 Share Posted July 6, 2018 In the USA the co-signer is not only responsible for missed payments but very often the bank can demand payment in full from guarantor if the payments are not made as scheduled. My brother in law once told me “ A co-signer is an A-hole with a pen”. 1 Link to comment Share on other sites More sharing options...
tryasimight Posted July 6, 2018 Share Posted July 6, 2018 3 hours ago, Searat7 said: In the USA the co-signer is not only responsible for missed payments but very often the bank can demand payment in full from guarantor if the payments are not made as scheduled. My brother in law once told me “ A co-signer is an A-hole with a pen”. What do you mean? The guarantor is an a hole? Usually the guarantor is your mum or dad. 1 Link to comment Share on other sites More sharing options...
smotherb Posted July 7, 2018 Share Posted July 7, 2018 12 hours ago, Searat7 said: In the USA the co-signer is not only responsible for missed payments but very often the bank can demand payment in full from guarantor if the payments are not made as scheduled. My brother in law once told me “ A co-signer is an A-hole with a pen”. The co-signer has been taken advantage of by the person he tried to help. I think the A-hole is the person who reneged on his promise to the co-signer. Link to comment Share on other sites More sharing options...
Rimmer Posted July 7, 2018 Share Posted July 7, 2018 A post suggesting an illegal course of action has been removed also replies. Apart from anything else the OP asks about an: easy legal way Link to comment Share on other sites More sharing options...
mrwebb8825 Posted July 10, 2018 Share Posted July 10, 2018 Your friend can just "buy" the contract (if he has the money) and then if she defaults, he owns the car at a cheaper cost which could then be resold to recoup the money. In the mean time, she is making the same payments to him. 1 Link to comment Share on other sites More sharing options...
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