Cosigned in 2009 on a Navient (at the time Sallie Mae) private student loan for my husband (soon to be ex). He has had difficulty making payments, and now they’re coming after me.
I was reluctant to allow him to stop making payments while my credit was still good, but now my credit sucks. My main goal is to get my name off of the loan (if he makes consistent payments for a designated period of time and has gainful employment, Navient has said that he can apply for a cosigner release).
Which state’s statute of limitations applies to the loan, the state in which I live (MS), the state in which my husband lives (NE) or the state in which the loan was originally made (NJ)?
Well it’s all a problem.
If his credit is not good enough to qualify for the loans himself, it is unlikely Navient will release you from your liability as a co-signer.
If his credit sucks they it is extremely doubtful he will meet the release requirements. Navient currently says, “The release of the cosigner is subject to the above documentation and meeting the credit underwriting criteria in effect when the release request is processed.” – Source
In fact, a 2015 report found that 90 percent of private student loan borrowers who applied for a co-signer release were rejected.
Regarding the state that applies to the loan, you’d absolutely need to speak to an attorney who is licensed in your state to give you a definitive legal opinion on that. There are so many different factors, including what the original loan document states.
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