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#1082282 - 11/14/08 07:21 PM Cosigner Coverage
krmabyrd Offline
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Joined: Jan 2003
Posts: 18
Chicago Southland
An account was opened prior to cosigner being a servicemember. The question is related to whether the Father (who is the primary borrower)qualifies for the interest rate reduction based on the cosigners (Son) enlistment into the military service. My initial understanding is that the father would be allowed the rate reduction but I would like confirmation.

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Lending to Servicemembers (SCRA, JWNDAA), War, Terrorism
#1082390 - 11/14/08 09:07 PM Re: Cosigner Coverage krmabyrd
Dan Persfull Offline
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Dan Persfull
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Posts: 46,951
Bloomington, IN
If this is a true co-signer loan and not a co-borrower loan then IMHO opinion the father should not be eligible for the rate reduction under these circumstances (his ability to repay is not hindered), however the son is liable on the debt, and from 527(a)(1)(b):

during the period of military service, in the case of any other obligation or liability.
The opinions expressed are mine and they are not to be taken as legal advice.

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#1577174 - 07/13/11 01:22 PM Re: Cosigner Coverage Dan Persfull
goingtoexperts Offline
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So in reference to 527(a)(1)(b), if a co-signer notifies a creditor that he/she is called to active duty, the interest rate reduction should be applied to the obligation, correct?

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#1578382 - 07/14/11 09:56 PM Re: Cosigner Coverage goingtoexperts
Andy_Z Offline
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I think this can actually be a gray area. I would recommend going to 6%, but the coverage actually applies to a servicemember or a servicemember and their spouse, jointly.

You could argue this isn't a joint loan with the borrower or that the loan was made to the co-signer, and that this protection doesn't apply to them. Reputational risk and the work involved tells me I'd seriously consider 6%, but based on your terms and amounts, you may consider otherwise.

I'm interested in others opinions.
My opinions are not necessarily my employers.
Rules and Regs minus Relationships equals Resentment and Rebellion. John Maxwell

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