About The Consumer Law Office of Steve Hofer

Steve Hofer has been practicing consumer law in Indiana for more than 20 years. He is a former Indiana State Chairperson of the National Association of Consumer Advocates, a national organization of attorneys striving for fairness in the consumer marketplace. Contact me by phone at 317-662-4529 or via email at hoferlawindyATgmail.com. You can also leave a message through my website at www.hoferlawindy.com.

Wednesday, January 28, 2015

Did you cosign a student loan for your grandchild? the perils and pitfalls

I have no respect for schools that pressure their students to get their grandparents to cosign student loans.  If a school has no confidence that the student or even the student's parents can pay for the school, then the educational program likely isn't worth what it costs in the first place.  That goes double when the grandparent's income is basically just social security.  What grandparents should know is that no federal loan program (that I know of, anyway) takes grandparent cosigners.  The private loans that grandparents cosign for may survive bankruptcy, BUT the private lenders can't garnish social security.  

If you have cosigned a loan for a grandchild, you should know that after 12 months of on-time payments, students can apply to have the grandparent removed. This benefits not just the grandparent cosigner, but also the student. For most private student loans, if the cosigner dies or goes bankruptcy, the lender has the right to declare the entire balance of the loan due.  If the cosigner has been removed from the loan, the death or bankruptcy of the cosigner has no effect on the loan.  For loans issued prior to 2009, the death of the borrowing student could mean tragedy to the cosigner. The lender could declare the entire balance of the loan due. This has devastating effects on a family who just lost a child to an untimely death. 

I think the Consumer Financial Protection Bureau is going to issue new regulations that give student loan cosigners more rights, but until they do, I urge parents, and especially grandparents not to cosign on student loans for any more money than they can afford to lose.  And if you can live without the money, it might just make more sense to give the money to the student outright and save the hassles down the road.  For more on this topic from the CFPB, click on the link here.  


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