Legal Question in Real Estate Law in California

I have a problem and am not sure which way to go...I co-signed for my parents home loan and am not sure how to get out of it now. I signed for them about 5 years ago. Unfortunately, my parents and I are not in good standings. I have asked them to refinance and remove my name from the loan, but they refuse. The title is under both my parents name, I was not included. I am no longer living in the home since they were allowing other people to live there without my consent. What can I do to remove my name for the loan? I want to at some point purchase my own home. I would ike the matter to be handled as soon as possible.

Thanks

Raquel


Asked on 1/16/12, 2:27 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

You don't remove your name or 'get out of' this or any other loan without paying it off, through sale, refi, etc. The parents may not be able to qualify for a refi on their own credit. You can not force a sale, as you are not on title and have no 'ownership interest'. Theoretically, the lender could allow you off the loan if you asked, but that is simply not going to happen, so don't waste your time and breath asking. The lender would be utterly foolish to do so. You had to sign for the parents to get the loan, and you are the 'surety' on the loan the lender is going to look to if the loan defaults. Your credit will be adversely affected, along with the parents, if that happens. Keep trying to convince the parents to do something in 'fairness'.

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Answered on 1/16/12, 2:42 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Unfortunately, there is no general way to disavow or terminate a co-signing or guaranty arrangement (with the possible exception of bankruptcy). My suggestion would be to see a local attorney with experience in real estate lending to see if there is anything peculiar to your situation and the paperwork involved that might suggest a way out for you. Other than that, you might try a different approach to negotiating with your parents, possibly pointing out that a refinancing at current rates might save them a lot of money.

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Answered on 1/16/12, 2:48 pm


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