Legal Question in Real Estate Law in California

I am currently on my mothers mortgage and I am trying to purchase a home. I am considering getting a cosigner to help qualify for more money for the loan. I am wondering if my mom defaults or forecloses on her loan if that will affect my cosigner in any way? I know it will wreck my credit but I want to protect my cosigner.


Asked on 7/10/10, 8:23 pm

4 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Anybody who co-signs is an idiot. But there are idiots out there. Maybe you can find one.

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Answered on 7/10/10, 11:33 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Make full disclosure of your pre-existing obligations and income to anyone you ask to co-sign, or you may be committing a fraud. Sounds like you are already in over your head and trying to take on more debt. Pretty risky. Maybe you should conserve the resources you have to use in the event your mother defaults or comes close to it.

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Answered on 7/11/10, 11:01 am
Terry A. Nelson Nelson & Lawless

All co-signers are liable for the full debt, and damage to their credit for defaults.

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Answered on 7/11/10, 5:34 pm

Let me get this straight. You are cosigner for your mom. You want to get a loan and have a cosigner to you. Will your cosigner be affected by your mom's default? No, not directly. But, if your mom defaults, the lender may come after you and you may not be able to pay that lender AND your debt with the new cosigner. At that point your cosigner would be screwed, as not only would their credit be ruined, but they would be liable for your debt. If you can find such an idiot, send them my way. I could always use an idiot to pay my debts too.

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Answered on 7/12/10, 2:27 pm


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