Legal Question in Consumer Law in Illinois

If someone cosigns on a car loan, can they be held liable beyond the amount of that loan...ie. can somebody come after their house if there is an accident or default on the loan?


Asked on 7/15/11, 9:12 am

1 Answer from Attorneys

Thomas Moens Moens Law Offices, Chartered

These are two different questions. Can you be liable beyond the loan amount? If you are not on the title (i.e., you are not a co-owner), and only signed the loan documents, no.

Can the "come after" your house? Possibly. If the payments are not made, they might sue you, and obtain a judgment against you. If you did not satisfy the judgment, they could conceivably take any non-exempt asset you own, including real estate, to satisfy the judgment.

If you are not on the title, an accident would not affect you, unless you were driving, other than the fact that the collateral for the loan would be damaged.

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Answered on 7/15/11, 12:53 pm


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