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Co-signor liability


Guest thegipper01
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Guest thegipper01

I signed as cosignor on a vehicle lease for my ex-wife who declared bankruptcy and defauted on the lease. The vehicle was voluntarily repossessed on December 3, 2010 by TMCC and sold at a private sale without opportunity to reinstate.

TMCC did not notify me nor did any one else until after repossession (notification occurred on 12/06/10in the form of a Bill for $ 5000)

MI cosignor statutes require notification prior to repo, and possible UCC Art 9

prevents this from happening.

In March 2011 TMCC posted on my credit report a derogatory which reduced my credit score from excellent to fair ~ 250 pt decline "written off" after dispute letter was sent to them.

Subsequently sued by a debt collector Law Firm who offered to settle for 80%

On 1/7/12 the Law Firm filed suit and I responded to their complaint.

Q: What are my defenses under the circumstances UCC 9 MI Statute

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Wow, and he didn't even get a kiss, but he got, well, you know. Depending on the circumstances, maybe he can implead the ex as a third party defendant. I always thought leases were like rentals.....you miss three payments, you owe us three payments. We get the car back and sell it. We would have gotten the car back at some point in time anyway, and the sale price had some wiggle room built in at the beginning of the lease. Seems like they are going after something that was already accounted for.

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