Legal Question in Real Estate Law in California

legal problems

what can i do when a ex co-signor is using my home as collateal for her own home?


Asked on 11/14/07, 10:15 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: legal problems

Huh? A co-signor who doesn't appear on title can't use the property as collateral, and lenders know that. Co-signors are guarantors, not owners. They have nothing to hock, and lenders won't give them the time of day.

Also, if a co-signor becomes an "ex co-signor" (whatever you mean by that), I would figure you mean she is no longer on the hook at all, right?

I feel you are confusing the rights of a co-signor - a guarantor or surety on a loan - with those of a co-owner - someone who shares or shared title with you. VERY different! Pleas re-post with details, or contact me directly.

Possibly the

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Answered on 11/15/07, 12:06 am
George Shers Law Offices of Georges H. Shers

Re: legal problems

Being a co-signer does not give one any ownership interest. If all they did was co-sign, then just point out to them they have no interest in your home and if they do not tell the lender that that you will to protect your own credit and home.

If that does not work, call the lender and ask how they agreed to use something that the co-singer does not own as collateral. Point out that there is a slander of title entitling you to damages from the lender and the co-signer.

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Answered on 11/14/07, 10:37 pm


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