I am here because my girlfriend is so upset, she doesn't want to deal with it and I hoped I can get some answers for her. I'll include any details I have. A while back (? years), my girlfriend cosigned a student loan for her brother. It was understood he would pay it back after graduation (isn't it always like that?). I'm not sure how long this has been going on, but my girlfriend is 38 and her brother, I believe, is 33-34. She has had her share of problems, married/divorced/2 kids, an ex-boyfriend who ran her into bankruptcy 3 years ago, etc. He has had his problems also, short sale on his condo, mom bailed him out so much she's out of money also, etc (he is unwilling to share all his problems, which is his choice). She knows she is just as libel for the loan as if she took the loan out herself (though she didn't know the implications when she cosigned). I sat down with him and it was understood that if couldn't make a payment a particular month, he would at least call and just let her know. My girlfriend has even paid a fee to have the loan put into forbearance (last summer) so he can get himself together (between jobs). He never even said 'Thank You', or offered to pay her the fee back (she didn't ask for it). The balance, as of now I believe is in the $28000-$30000 range. I have a few questions I hope can be answered here before it actually goes to collections: 1. At what point will Sallie Mae come after HER? He has a full time job, making decent(?) money. Would they garnish (if it gets that far) HIS wages first? 2. We are doing some minor renovations to rent or sell her town home. She will be moving in with me, allowing her to bank about $1000/month. Eventually, we want to sell/rent my town home, get married and buy a single family home. At what point will they be able to go after her bank account and/or paycheck? 3. If we did end up buying a home TOGETHER, will this affect ME in any way? Can they put a lien on the home (again, assuming it got that far)? I am not willing to let her get a loan to pay off the loan. He is careless with his money and still very childish in lots of ways. Thank you in advance for any info you can give. Added: This is in Colorado, if it makes a difference.
Need to act First of all she needs to deal with this to.A student loan there like bull dogs and go after the money.If she could pay it off that would be a good thing.And if her name is on a house loan they will put a lien on it.If they put a lien on her current townhouse she will have to satify that lien.Wouldn't be able to sell it.She needs to confront her brother and let him know he needs to address that loan,also to cut off any support to him until he address's the loan.time for him to go to work and pay his family back.
Thanks for the reply jj. I agree with everything you said, but I think I need to clarify a couple of things. 1. We know they hound and hound until someone addresses the loan. They, at 1 point, were calling 7-8 times a day. I got fed up with them calling and gave them his cellphone number. Now they only call 1-2 times a day. Maybe they got in touch with him? 2. There's no way my girlfriend can pay the loan under current circumstances. After she moves in with me, that could change. However, I feel each person should be responsible for their own debt. He is currently working full time, though I don't know what he makes. It couldn't be to bad a paycheck, he works as a commercial a/c mechanic, as well as doing residential work on the side. 3. There's no talking/reasoning with him. We can't even get a phone call when he's short and can't make a payment. He called his mom, who called my girlfriend to relay a message that he was late making a payment, but even that turned out to be a lie. My main question is this: Wouldn't they try to collect from him first? I don't think he has any assets, aside for the few dollars he might have in the bank. If so, at what point would they try to collect from the cosigner (if at all)?
I would say they might have gotten a poor response at first,then went after the cosigner.He's not going to response until he has to.I don't want to be harsh but you may have to sue him and put a lien on his property.Yes that's very harsh.But he has not returned the favor his sister did for him.I would hate to do that gut it's her last resort
Exactly what I was thinking and did suggest it to my girlfriend. Not exactly a popular suggestion, but may be her only way out. Reason being, since he's a 'momma's boy', it would strain her relationship with her mom since she already blames her for her 'non-relationship' with her brother (don't ask, it doesn't make any sense to me either). But, good suggestion....Thanks
Listern i love my sister but i avoid loaning her money.I would do it but i would rather think of something else before that.