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legalgems, Lawyer
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MY wife is a cosigner on her daughter's car loan. She was in

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MY wife is a cosigner on her daughter's car loan. She was in an accident and the other party has filed a law suit. They are asking for $50k more than her policy will pay. My wife and I are on the deed to our house together which we purchased in April. Can the other party sue her and get our house.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Florida and by the way, our daughter does not live with us.
JA: Has anything been filed or reported?
Customer: Just filed lawsuit today.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Customer: replied 11 months ago.
How soon can I expect an answer

Sorry; I was unable to get a lock to reply; apparently the site won't work on the other browser. I am finishing up now so it will be momentarily.

so a co-signer is not liable just by the mere act of co-signing except for in 2 situations:

1. the co-signer is also on title on the vehicle, as that makes the co-signer a part owner, and thus liable for the car

2. the co-signer engaged in negligent entrustment: basically this requires the co-signer to co-sign, even knowing that it poses an unreasonable risk to the public based on the driver's past history (ie history of drunk/reckless driving, history of medical conditions that can create safety concerns while operating a vehicle, etc) Absent that it is very difficult to impose liability on a co-signer.

If the plaintiff prevails and there is a judgment, that person is called a judgment creditor. Under Florida's homestead laws, only liens pertaining to the residence are allowed on homestead property. Here is an article that explains that.

Normally the case will settle for the limits of the insurance policy unless the injuries are serious and the policy is insufficient. Needless to say, it is best to hire an attorney to help prove that the damages sought are excessive, and/or to contest any issues presented by #2 above, if applicable.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Customer: replied 11 months ago.
She is on the title as well

Thank you; that would then create liability as co-owner; so if a judgment is issued, it would impact her. So the way to defend it would be to challenge fault, if at all possible, or to challenge the amount of damages sought. But it would not be possible to obtain a lien on homestead property.

Florida follows the Pure Comparative Fault Rule meaning that if the plaintiff is at fault 1% or greater, the damages are reduced accordingly; so it may be possible to reduce damages below the policy limits under that theory.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.

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