Legal Question in Credit and Debt Law in Ohio
Cosigner liability
My Mom's credit was damaged from a delinquent account that she ''cosigned'' for my sister. My Mom never signed an application or agreement; nor was was she ever notified of her liability or the account's delinquency. They both live in Michigan but the agreement was ''deemed to have been made in Ohio.''
Is my Mom liable for the loan and can we get the adverse information off her credir report?
1 Answer from Attorneys
Re: Cosigner liability
You really did not provide enough information for me to come up with an analysis. However, if your mother did not sign a contract agreeing to be equally responsible for the car loan, then she is probably not responsible. A co-signer also has certain rights and is entitled to co-signer notices of delinquency.
I am not sure why the contract would be made in Ohio if the contract was signed in Michigan. There may be a choice of law provision in the contract, but I do not believe that means the contract was made in Ohio for jurisdictional purposes.
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