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co-signer on ex's student loan

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RN67
Regular Contributor

co-signer on ex's student loan

In 2002, I co-signed for my exhusband to go back to school. In 2003, we divorced and he was awarded the account in our divorce decree. Since then, he has defaulted numerous times, paid late over and over and it is currently in forebearance until 3-2013. The loan is currently with ACS. I have been working since the beginning of Oct to clean up my credit reports and this is the LAST thing on it. I really don't even know where to start.  Credit reports currently state: Paying as agreed. Forebearnce until 3-2013. But there are numerous 60 and 120 day lates.  What should I do??  ACS will barely give my any info since its in ex's name, but they sure will report everything on my credit. HELP Smiley Sad

Starting score (9-29-12)= myfico EQ-562, myfico TU-551, Exp.plus-550
Current score= EQ-732, TU-760, Exp-686
Goal score=775 across the board Smiley Happy
Message 1 of 7
6 REPLIES 6
Jazzzy
Valued Contributor

Re: co-signer on ex's student loan

When you cosigned this loan you became one of the borrowers. Debt taken by one party or the other in a divorce is still owed by both parties. The lender wasn't part of the divorce.

 

It's unfortunate that his actions have affected your credit negatively, but I doubt you'll have much success in removing what is valid information on a valid debt. Sorry.....maybe someone else will have a different opinion.

Message 2 of 7
webhopper
Moderator Emeritus

Re: co-signer on ex's student loan


@Jazzzy wrote:

When you cosigned this loan you became one of the borrowers. Debt taken by one party or the other in a divorce is still owed by both parties. The lender wasn't part of the divorce.

 

It's unfortunate that his actions have affected your credit negatively, but I doubt you'll have much success in removing what is valid information on a valid debt. Sorry.....maybe someone else will have a different opinion.


 

Unfortunately jazzzy is correct. Only thing you could do would be to pay them off in full and then pursue your ex for payment... or take your ex back to court and request that the ex refinances the loan. Otherwise it will be dragging your scores down forever.
FICO 9:
Filed Chapter 13 on 6/1/2017 after job loss. Discharged 6/1/2022.

Goal: Gardening!


Message 3 of 7
RN67
Regular Contributor

Re: co-signer on ex's student loan

Somehow I knew that's what the answer was but I was hoping for a Christmas Miracle. LOL.  Thanks for the info. Time to ruin the ex's holidays with some nasty phone calls. BAHAHAHAHA. jk

Starting score (9-29-12)= myfico EQ-562, myfico TU-551, Exp.plus-550
Current score= EQ-732, TU-760, Exp-686
Goal score=775 across the board Smiley Happy
Message 4 of 7
bahbahd
Established Contributor

Re: co-signer on ex's student loan


@RN67 wrote:

Somehow I knew that's what the answer was but I was hoping for a Christmas Miracle. LOL.  Thanks for the info. Time to ruin the ex's holidays with some nasty phone calls. BAHAHAHAHA. jk


Re: take your ex back to court and request that the ex refinances the loan

 

^^ I'm pretty sure this is a good course of action here. There are probably even damages here which could be awarded to you in a court involved settlement. At this point I would talk to an attorney and have them talk to your ex for you. 

Message 5 of 7
bahbahd
Established Contributor

Re: co-signer on ex's student loan


@webhopper wrote:

@Jazzzy wrote:

When you cosigned this loan you became one of the borrowers. Debt taken by one party or the other in a divorce is still owed by both parties. The lender wasn't part of the divorce.

 

It's unfortunate that his actions have affected your credit negatively, but I doubt you'll have much success in removing what is valid information on a valid debt. Sorry.....maybe someone else will have a different opinion.


 

Unfortunately jazzzy is correct. Only thing you could do would be to pay them off in full and then pursue your ex for payment... or take your ex back to court and request that the ex refinances the loan. Otherwise it will be dragging your scores down forever.

This does not mean that you should not attempt to GW ACS sending in copies of the divorce decree and a short GW letter explaining your situation and terms of divorce. You might have much better luck getting the account removed after it is paid, but you never know what sympathetic person's desk your letter might land on. If you do take legal action or at least involve an attorney to help deal with you ex, you could always have the attorney send the removal request for you.

Message 6 of 7
RN67
Regular Contributor

Re: co-signer on ex's student loan

I have sent a couple of GW letters to just remove the past late statuses. No response. But I do think I will try an attorney to deal with ex. My ex and I are pretty decent friends, we live in the same town and have a 15 yr old son together. He is a good guy just won't pay his freaking bills. A letter from an attorney may show him I'm serious. Thanks for the info. Smiley Happy

Starting score (9-29-12)= myfico EQ-562, myfico TU-551, Exp.plus-550
Current score= EQ-732, TU-760, Exp-686
Goal score=775 across the board Smiley Happy
Message 7 of 7
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