Legal Question in Real Estate Law in California

Cosigner for a home

I cosigned for a friend who was getting a home who was unable to pay the mortgage and the home went to foreclosure. How do I get out of this mess and can I eliminate my name from the title?


Asked on 11/17/07, 9:30 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Re: Cosigner for a home

Your question has an element of confusion. Cosigning does not make you an owner so you are not on title unless there was a separate transaction in which the owner transferred part of his interests to you. As a cosigner, you are telling the lender that you agree to be liable for the loan.

By using a judicial foreclosure method, the lender has or will give up on collecting on the loan. Foreclosure settled the debt, so the lender will not come after you. Since you are not an owner, I do not think it will effect your credit rating but you should contact one of the credit raters or an organization that handles credit matters to find out if there is an effect on your own credit rating.

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Answered on 11/18/07, 12:08 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Cosigner for a home

Unfortunately for you, I think you are in deeper trouble than Mr. Shers' answer suggests. As a surety, you are likely to be pursued for any shortfall in the foreclosure sale.

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Answered on 11/18/07, 3:10 am


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