Legal Question in Real Estate Law in Connecticut

When my boyfriend was 20 years old, his mother forced him to co-sign the mortgage for a condo she was about to purchase. He did not want to sign at the time and he never lived at the condo, made any form of payments on the condo or had any other ties to it financially or otherwise, besides the fact that his name was on the paper. Now we are in our mid-20s and want his name off; we would like to buy our own property at some point and do not want to inheriting her debt for a piece of property we have no ties to or interest in owning. We have requested his mother look into this multiple times but she has done nothing to help, I am wondering what our options are for getting his name removed from the mortgage?


Asked on 1/23/11, 2:29 pm

2 Answers from Attorneys
John Heffernan Heffernan Legal Group, LLP

My guess is that if he's on the mortgage, he's also on the title. If so, he can force a sale of the property. Just the threat of that may force her hand. Of course, if the property is now worth less than the mortgage, that may not be feasable. If he's not on the title, just on the NOTE (not the mortgage), he's up the creek.

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Answered on 1/27/11, 12:55 pm
Linda Subbloie Linda A. Subbloie, Esq.

If his name is also on the title (which most likely it is) he can file a partition action in the superior court and force a sale of the property.

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Answered on 1/30/11, 12:49 pm


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