Legal Question in Consumer Law in California
co-borrower on a loan
I am a co-borrower on an auto equity loan with 800LoanMart. My ex-fiancee' is the primary borrower. We broke up August, 2007. Is there any way I can get a release of liability as a co-borrower and be taken off the loan? I talked to the lender and they said no. I wonder what I can do?
2 Answers from Attorneys
Re: co-borrower on a loan
Unfortunately, if the lender refuses to allow your release, you are stuck with the loan.
Re: co-borrower on a loan
You have discovered one of the risks of being a co-signer on a loan. Although your ex might be the primary borrower, the lender relied on your explicity promise to repay the loan if your ex fails to do so. They are under no obligation to release you from the loan obligations.
Since the lender has already said they won't release you, the only way to accomplish this short of filing bankruptcy is to get your ex to refinance the debt. Unless that happens, you are stuck on the loan.
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