Bronx New York Guarantor - Consignor Notice Required by FTC on certain Transactions

State:
Multi-State
County:
Bronx
Control #:
US-GUARANTY
Format:
Word; 
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Description

The Rule applies to consumer credit contracts offered by finance companies, retailers (such as auto dealers and furniture and department stores), and credit unions for any personal purpose except to buy real estate.


When you agree to be a cosigner for someone else's debt, you are guaranteeing to pay if that person fails to pay the debt. The Rule requires that you be given a notice that explains the responsibility you are undertaking. Under the Rule, the cosigner notice must say:


You are being asked to guarantee this debt. Think carefully before you do. If the borrower doesn't pay the debt, you will have to. Be sure you can afford to pay if you have to, and that you want to accept this responsibility.
You may have to pay up to the full amount of the debt if the borrower does not pay. You may also have to pay late fees or collection costs, which increase this amount.


The creditor can collect this debt from you without first trying to collect from the borrower.* The creditor can use the same collection methods against you that can be used against the borrower, such as suing you, garnishing your wages, etc. If this debt is ever in default, that fact may become a part of your credit record.


This notice is not the contract that makes you liable for the debt.


* Depending on your state, this may not apply. If state law forbids a creditor from collecting from a cosigner without first trying to collect from the primary debtor, this sentence may be crossed out or omitted on your cosigner notice.


This notice is not required when you receive benefits from the contract, such as when you buy goods, take out a loan, or open a joint credit-card account with another person. In these cases, you would be a co-buyer, co-borrower, or co-applicant (co-cardholder) rather than a cosigner. Therefore, the creditor would not be required to provide the notice.

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FAQ

The FTC's Credit Practices Rule protects consumers from abusive contract provisions that are designed to give the creditor an upper hand in collections and to evade legal protections for the debtor.

A: The cosigner notice must be given to the cosigner before the cosigner becomes obligated on the transaction. This means that the cosigner should receive the notice prior to the event that makes the cosigner liable.

The Rule, which became effective March l, l985, prohibits many creditors from including certain provisions in consumer credit contracts. It also requires creditors to provide a written notice to consumers before they cosign obligations for others about their potential liability if the other person fails to pay.

The lender also must give you a document called the Notice to Cosigner. The Notice tells you what will happen if the main borrower doesn't pay on time or defaults on the debt. Under the FTC's Credit Practices Rule, this is what the Notice says: Notice to Cosigner. You are being asked to guarantee this debt.

Section 444.3 provides prohibitions and requirements for loans that involve a cosigner. A cosigner is any person who agrees to be liable on a loan to another person without compensation.

Section 444.3 provides prohibitions and requirements for loans that involve a cosigner. A cosigner is any person who agrees to be liable on a loan to another person without compensation.

A: The cosigner notice must be given to the cosigner before the cosigner becomes obligated on the transaction. This means that the cosigner should receive the notice prior to the event that makes the cosigner liable.

The Federal Trade Commission's Credit Practices Rule states that it is an unfair act or practice within the meaning of Section 5 of the FTC Act for a lender or retail installment seller directly or indirectly to take or receive from a consumer an obligation that constitutes or contains a nonpossessory security

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Bronx New York Guarantor - Consignor Notice Required by FTC on certain Transactions