Cosigner not notified of delinquent debt

[forme70]

I am residing in Colorado. Several years ago I co-signed with my sigificant other for a vacation property in Florida. We broke up about a year later. Apparently she quit paying on the loan about a year ago. Marriott never notified me of any delinquency.

My ex and Marriott reached an agreement of deed-in-lieu. Marriott sent me a notice of this agreement for me to sign. This was the first time I was made aware of any issue. Even though the account had apparently been delinquent for several months. Now this is on my credit even though I was never given fair notification of a delinquency.

All I want is for this to be removed from my credit. From my understanding a cosigner is a seperate legal entity from the signer. Therfore, I should be entitled to seperate notification of delinquency. Since I received no such notification isn't this a breach of contract on Marriott's part? Can I get this removed?

 

[Theresagail]

If they have your incorrect address then this would be your fault, however if you notified them when you moved (if you did move) then the fault lies on there end—so when you separated and if you moved it is your obligation to inform all of your creditors of your change of address if you don't then they are not responsible.

They are only obligated to send correspondence to the address you have provided them.

 

[forme70]

Thank you, they did have my correct address and email. This can be proven as they send me frequent advertisements to both my email and home address.

I've brought this to their attention, and to the BBB. However, they refuse to budge. It appears my only option now is the court system, but I want to make sure its something I can win before investing my resources.

If they have your incorrect address then this would be your fault, however if you notified them when you moved (if you did move) then the fault lies on there end—so when you separated and if you moved it is your obligation to inform all of your creditors of your change of address if you don't then they are not responsible.

They are only obligated to send correspondence to the address you have provided them.

 

[Theresagail]

I would dispute this on your credit, get a copy of your report @ free credit.com then dispute it stating they never notified you in writing 30 days before they decided to hit your credit report, and they have failed to inform you of the account going delinquent. Yes you can win, according to the FDCRA (Fair Debt Credit Reporting Act) they have to notify you before they hurt your credit --- this gives you a chance to do something about it--- Google FDCRA and see what your state says

 

[lwpat]

Don't use the site lsited above. You are entitled to a free report once a year and don't have to join anything.

 

[Theresagail]

go to-- annualcreditreport.com

 

[forme70]

The credit reporting company will simply contact Marriott to ask about it. Marriott is refusing to remove this from my credit. I'm guessing I will have to take them to court. Do I file in state court or federal court?