Legal Question in Credit and Debt Law in California

My dads Mortgage

Hi..My parents got a divorce couple years ago and my dad agreed to get a loan to buy a mobile home for us to live. My mom was suppose to be making the payments to the bank since she couldn't get one herself. Couple year later when my sister and I moved out, my mom packed all her belongings and moved away. The bank took the house and sold it and now wants my dad to pay the rest of the $30,000. Is there anything he can do because the bank wants him to pay and I feel really bad because the only reason he got the loan in the first place was for us to have a place to live and now he has a dept of $30,000 that he must pay or they will take legal action. Thank you


Asked on 6/07/07, 8:56 pm

2 Answers from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: My dads Mortgage

Whenever you get a loan for someone else or cosigner on a loan, you always take the risk that they will not pay. You dad really doesn't have much of a defense with respect to any legal action the bank might take.

On the other hand, he might have a remedy against your mom in the divorce proceedings. He might be able to force her to payment back for putting him in this situation. You dad should talk to his divorce lawyer right away or get one if he doesn't have one.

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Answered on 6/07/07, 9:37 pm
Jonathan Stein Law Offices of Jonathan G. Stein

Re: My dads Mortgage

Your dad probably has no defense against the mortgage company. He took out the loan has to pay it back. However, he may be able to sue your mom for the money. He should talk to an attorney. Of course, he also needs to figure out if your mom can pay a judgment against her, if he gets one.

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Answered on 6/07/07, 9:56 pm


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