Maricopa Arizona Guarantor - Consignor Notice Required by FTC on certain Transactions

State:
Multi-State
County:
Maricopa
Control #:
US-GUARANTY
Format:
Word; 
Rich Text
Instant download

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

To become a cosigner, you must first sign loan documents that tell you the terms of the loan. 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.

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.

The prohibited contract provisions are confessions of judgment, waivers of exemption, wage assignments, and security interests in household goods. Second, the Rule requires creditors to advise consumers who cosign obligations about their potential liability if the other person fails to pay.

signer takes full responsibility for paying back a loan, along with the primary borrower. Often a cosigner will be a family member. The cosigner is obligated to pay any missed payments and even the full amount of the loan if the borrower doesn't pay.

Pyramiding occurs when a credit union properly charges a late payment fee, the member makes a timely payment that does not include the amount of the late fee, resulting in the credit union assessing another late fee. Regulation Z also prohibits pyramiding late fees for mortgages and credit cards.

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.

Pursuant to this rulemaking authority, the FTC issued its Credit Practices Rule. The FTC's Credit Practices Rule is applicable to creditors that are within the FTC's jurisdiction; it is not applicable, for example, to banks, savings associations, and Federal credit unions.

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.

Except as otherwise permitted or required by law, a creditor shall not consider race, color, religion, national origin, or sex (or an applicant's or other person's decision not to provide the information) in any aspect of a credit transaction.

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Maricopa Arizona Guarantor - Consignor Notice Required by FTC on certain Transactions