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I cosigned student loans for adult son how has been paying…

Customer Question
I cosigned student loans...

I cosigned student loans for adult son how has been paying college loans on his own for last three years. I divorced his mother and he now refuses to supply banking record proof ( required for me to obtain a loan) that he is paying his loans. Do I have any legal options

Lawyer's Assistant: Where is the school located? And is it a public or private institution?

Hoboken NJ, private, Loans are from Discover (private) no missed payments

Lawyer's Assistant: Have you spoken to a local attorney or school administrator? What is your ideal outcome for this situation?

Discover will not release any banking information. school has no authority in matter. Ideal outcome is for son to release to third party ( loan officer) 12 months past records showing payments made from his account. I have access to general information but not name of bank or account with his name on it. (required for VA rehab loan of which I am attempting to get)

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

His refusal to provide bank record is negatively impacting my ability to secure financing

Submitted: 2 months ago.Category: Education Law
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Customer reply replied 2 months ago
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3/28/2018
Education lawyer: Legal Eagle, Education lawyer replied 2 months ago
Legal Eagle
Legal Eagle, Education lawyer
Category: Education Law
Satisfied Customers: 12,191
Experience: Extensive education law experience
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Education lawyer: Legal Eagle, Education lawyer replied 2 months ago

I’m really sorry to hear about your situation. So, I don’t have great news. If a person co-signs on a loan, they are guaranteeing to the bank that they will be responsible for payments no matter what. Also, the law does not require the co-signer to provide you with details of the banking record.

If one or both of the parties fails to make payments, the bank can repossess the vehicle and sell it at auction. For both the co-signer and the other party, this is usually reported negatively on their credit report and both parties are responsible for paying back the difference between the loan amount and auction sale price. The law leaves it up to the co-signer and the other party to figure out on their own how the bank will be repaid. The co-signer sometimes has recourse against the other party if they agreed that the other party would be responsible for reimbursing the co-signer if the other party defaulted. Otherwise, the co-signer won’t have much recourse, unfortunately.

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Education lawyer: Legal Eagle, Education lawyer replied 2 months ago

Discover can provide information regarding payments; however, they aren't required to provide anything regarding any banking records at all.

What other questions did you have for me today that I can help you out with:-)?

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