Consumer advisory: Co-signers can cause surprise defaults on your private student loans | Consumer Financial Protection Bureau (2024)

Today, we released a report that describes complaints we received related to the private student loan industry’s practice of placing borrowers in default even when their loans are current and in good standing. We’re also warning consumers that they can avoid surprise defaults by pursuing a co-signer release.

The vast majority of private student loans today have a co-signer (typically a parent or a grandparent). Having a co-signer can often lead to a lower interest rate, which can save you money in the long-term, because the co-signer will have to repay the loan if you don’t.

However, your loan might also contain provisions that allow your student loan servicer to put you in default— even if you’ve been making your payments on time.

That’s because your co-signer is also on the hook for your loan and therefore changes in their behavior can impact your loan, causing your loan to default and making your entire balance due all at once. We’ve received complaints that private student loan servicers are placing borrowers into default when their co-signer dies or files for bankruptcy.

Co-signer release

If you are a co-signer or have a student loan with a co-signer and you are in repayment, you should look into what’s called “co-signer release.” You should consider this option to avoid a surprise default. Both the borrower and co-signer can benefit from obtaining the release.

Many lenders advertise that a co-signer may be released from a private student loan after a certain number of consecutive, timely payments and a credit check to determine if you are eligible to repay the loan on your own. If your lender offers co-signer release, you will want to ask about this benefit and remove your co-signer as soon as you are eligible.

Unfortunately, many student loan servicers do not tell you when you are eligible to have your co-signer released, so you need to ask them how to do this.

To help you get started, we’ve put together sample letters you can edit and send to your student loan servicer. You can download sample letters to send by mail, or you can just cut and paste the text below into the “Send a Message” or “Contact Us” feature when you log into your account on the servicer’s website.

I want more information about how to obtain a release of my co-signer

I am writing to you because I am seeking the release of my co-signer on my loan. Please conduct a review of my account to determine if I am eligible for co-signer release.
If you determine that I am not eligible to have my co-signer released from my loans, please provide an explanation, including the following:
What is your current co-signer release policy?
For what reason(s) am I ineligible for co-signer release?
If I am not eligible for co-signer release now, when will I become eligible?
What steps do I need to take to qualify for co-signer release?
Do you anticipate modifying these requirements in the future? Will any future modifications apply to me when I seek to release my co-signer?If I am unable to exercise this option at this time, please update/annotate my account to reflect that I intend to seek co-signer release as soon as possible. Please contact me at the point-in-time at which I am eligible to have my co-signer released.
In addition, if you are unable to provide any of the information or documentation I have requested or otherwise cannot comply with this request, please provide an explanation.
Thank you for your cooperation.

I am a co-signer, I want to be released

I am writing to request that I be released from my obligation to repay any loans associated with this account. Please conduct a review of this account and make a determination as to my eligibility to be released from my obligation.
If you determine that I am not eligible, please provide an explanation, including the following:
For what reason(s) am I ineligible for co-signer release?
What steps do I need to take to qualify for co-signer release?
What is your current co-signer release policy?
Do you anticipate modifying these requirements in the future? Will any future modifications apply to me when I seek to be released from this obligation?If I am unable to exercise this option at this time, please update/annotate this account or accounts to reflect that I intend to do so as soon as possible. Please contact me at the point-in-time at which I am eligible for co-signer release.
In addition, if you are unable to provide any of the information or documentation I have requested or otherwise cannot comply with this request, please provide an explanation.
Thank you for your cooperation.

We also have other sample letters you can send to your student loan servicer to give payment instructions and others you can send to a student loan debt collector.

Remember, if you’re having a problem with a student loan, you can submit a complaint online or call us at (855) 411-2372.

If you have questions about repaying student loans, check out our Repay Student Debt tool to find out how you can tackle your student loan debt.

Rohit Chopra is the CFPB’s Student Loan Ombudsman. To learn more about our work for students and young Americans, visit consumerfinance.gov/students.

Consumer advisory: Co-signers can cause surprise defaults on your private student loans | Consumer Financial Protection Bureau (2024)

FAQs

What happens if you default on student loans as a cosigner? ›

Any late or missed payments are reflected on both your credit report and the student's. If the student defaults on the loan, private lenders will often hire collection agencies to get you to repay, and they may also sue you in court.

Are co signers liable for student loans? ›

Because you bear equal responsibility for the student loan you co-signed, you can face consequences if the loan goes into default after several missed payments. The default will go on your credit report as well as the primary borrower's, and the lender can sue both you and the primary borrower to collect on the debt.

How bad is it to default on private student loans? ›

If you're unable to make your private student loan payments, the lender can report your default to consumer reporting agencies, which could harm your credit. They may take different actions to collect the debt.

Are private student loans considered consumer debt? ›

Both federal and private student loans are consumer debt like credit card debt, auto loans, mortgage debt, and payday loans.

What happens if my private student loans go to collections? ›

And in some cases, lenders may send defaulted loans onto collections. If your student loans end up in collections, it can have some bad financial consequences. Your credit score may be damaged, and sometimes your wages may be garnished. While it can be very stressful, there are steps you can take to fix the problem.

Can you remove a cosigner from a private student loan? ›

Removal of a co-signer can happen only after the borrower has made a predetermined number of on-time payments on a private student loan and has met other requirements. Learn how to get a student loan co-signer release.

Should I cosign a private student loan? ›

You should co-sign a student loan only if you can afford to pay it back yourself, because you may have to. Co-signing makes you legally liable to repay the loan if the primary borrower can't. And if you can't afford to make payments, your credit will be damaged.

Can private student loans garnish wages of a cosigner? ›

In the case of private student loans, or those not offered by the federal government, the creditor does not have any special wage-garnishing ability.

Can a co-signer sue the primary borrower on a student loan? ›

Can a cosigner take you to court? If you're the primary borrower on a debt, your cosigner can take you to court for: Recovery of money paid: they can sue you to recover the money they've paid towards the loan. Fraud: they can sue you if you signed their name to the loan without their permission.

How many people default on private student loans? ›

10.8% of student borrowers default on their educational loans within their first year of repayment. 25% of borrowers default within their first five years of repayment. 15.6% of student borrowers who attended a private, for-profit college defaulted within the three years of repayment.

How long does it take for private student loans to go into default? ›

If you are delinquent on your student loan payment for 90 days or more, your loan servicer will report the delinquency to the three major national credit bureaus. If you continue to be delinquent, your loan can risk going into default.

Can you be sued for private student loan debt? ›

Lawsuits to Collect Private Student Loans

In fact, lawsuits are the primary collection method that private lenders use to collect student loans. Unlike federal student loan lenders, private lenders must go to court to get a money judgment against you before using collection tools, like garnishment.

Can private student loans be garnished? ›

Private student loans generally go into default after three months of missed payments, though this can vary. Unlike federal student loans, a loan lender must get permission from a court to garnish your wages, meaning it must sue you and win a judgment.

How to get out of private student loan debt? ›

Key Takeaways
  1. Private student loans are only forgiven when the borrower becomes permanently disabled or dies.
  2. Your relief options will depend on your lender and loan agreement. ...
  3. Other options include deferment or forbearance, refinancing, applying for repayment assistance, negotiating with your lender and bankruptcy.

Can private student loans be bankrupted? ›

Yes. Student loans can be discharged in bankruptcy, but it isn't always easy. This is especially true for private student loans. Student loan debt is an unsecured debt, just like credit card or medical debt.

How long is a co-signer responsible for a student loan? ›

The responsibility can last as long as the loan term.

What if a cosigner refuses to pay? ›

In most cases, you'll be asked to cosign for a friend or family member who couldn't get approved for financing on their own. If they stop making payments, the responsibility will be passed on to you—and you could be sued if you don't follow through. Your credit could also suffer.

How do I protect myself as a cosigner? ›

If I Cosign a Loan, What Can I Do To Protect Myself?
  1. Before you agree to cosign a loan, ask the main borrower to make a budget and show you how they'll repay the loan. ...
  2. Ask the lender to tell you the total amount you might owe if the main borrower defaults.

Do cosigned student loans show up on credit report? ›

In addition to increasing approval odds, cosigning can also help your child secure a lower interest rate on the debt. Because you're obligated to repay the loan if your child doesn't, however, the loan will show up on your credit reports, even if you never actually make a payment.

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