Couple of questions on this issue....

1) When originating loans with a comaker, should the notice to cosigner be disclosed?

2) At the top of our consumer notes it lists the lenders name and the borrwer(s) name. On some loans with cosigners, the cosigner's name is listed among the borrowers, on other loans with cosigners the cosigner's name is not included with the borrowers. I'm not sure which is right. Should the cosigner be listed here as a borrower or not?

1) if they are truly a cosigner or guarantor (as opposed to a coborrower) then a Notice to Cosigner is needed.
2) Is the section at the top titled "Borrower(s)? If so, I don't think the cosigner should be listed there. It sounds like you have a software issue and/or user issue if it doesn't print the same way each time.

In reality, the name at the top is more for your benefit. The person(s) who owe the money, the obligor(s), are person(s) who sign the note (in the capacity in which they sign). For example, if a loan is made o Mary and both Mary and Mother sign the note both Mary and Mother are co-makers. If a loan is made to Mary and Mother and both Mary and Mother sign the note both Mary and Mother are co-makers. You see, there is know technical difference.

Now, how you fund the loan will determine if one of the parties is an accommodation party. Both can be primary obligors with one being an accommodation party. If you don’t know what it means to be an accommodation party talk to your attorney. It is important to understand accommodations.