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#643542 - 11/28/06 10:07 PM co borrower versus additional borrower
Anonymous
Unregistered

The bottom of our final truth in lending has three separate signature areas. One area says borrower, one says co borrower and the third says additional borrower.
What is the difference between co borrower and additional borrower?
Is this just to be used when three individuals are on the title of the collateral?
I am also thinking if the loan is a co-signer loan that the co-signer would sign under additional borrower rather than co-borrower. Is that right?

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#644095 - 11/29/06 05:50 PM Re: co borrower versus additional borrower Anonymous
Anonymous
Unregistered

When it comes to enforcing the note, I am not aware of any difference between a borrower, co-borrower, additional borrower, co-signer, or guarantor.

I have seen many such terms used on notes, disclosures, and other loan documents. I think the only one able to say why the different terms were chosen probably is the one who designed the document and put the terms there in the first place.

In any event, I have never seen any case where it made a bit of difference in the end, except that in some default situations a "co-signer" or "guarantor" would put up a bit more of a fight than a "borrower."

Maybe one of the attorneys on this forum will chime in and enlighten us.

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#644854 - 11/30/06 05:38 PM Re: co borrower versus additional borrower Anonymous
Tom Easterday Offline
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Joined: Oct 2000
Posts: 140
Orange County, CA
I'm not a legal expert, but IMO a borrower is a borrower is a borrower. If they sign the note, they are liable for the debt.

However, some states, like my own California, have disclosure requirements for a true "co-signer" (one who signs the note but does not receive benefit from the loan). If a true "co-signer" is not provided with this specific notice, then their liability is supposedly unenforcable.
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Tom Easterday, CRCM Opinions stated are my own and not necessarily those of my employer!

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#644998 - 11/30/06 07:22 PM Re: co borrower versus additional borrower Tom Easterday
Tom at HOME Offline
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Joined: Oct 2005
Posts: 1,139
Originally Posted By: Tom Easterday
I'm not a legal expert, but IMO a borrower is a borrower is a borrower. If they sign the note, they are liable for the debt.

However, some states, like my own California, have disclosure requirements for a true "co-signer" (one who signs the note but does not receive benefit from the loan). If a true "co-signer" is not provided with this specific notice, then their liability is supposedly unenforcable.

In all 50 states, if a person signs the note but does not receive benefit from the loan, they are known as an accommodation party. Though an accommodation party is a primary obligor, they are given some additional protection that the party being accommodated (the one that receives the consideration) is not given.

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#645342 - 11/30/06 11:43 PM Re: co borrower versus additional borrower Tom at HOME
DDB Offline
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DDB
Joined: Oct 2003
Posts: 170
In all 50 states if a consumer signs the note but doesn't benefit from the loan proceeds they are also a "co-signer" per Reg AA.
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Any statements or opinions are mine, not necessarily my employer's.

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