Legal Question in Real Estate Law in Florida

co borrower mortgage

i co signed and it isnt showing on my credit report. our situation has changed and can no longer afford the house. if it goes to foreclosure, will it show on my credit (co borrower). are ther alternative ways to get off the mortgage??


Asked on 4/05/07, 4:12 pm

2 Answers from Attorneys

florence hessen florence f. hessen,esq

Re: co borrower mortgage

Hi:

Simply because the loan is not showing on your credit does not mean that the bank will not name you in the foreclosure action and that almost definately will come up on your credit.

Try and speak with the bank to work out some accomodation. The bank does not want to own your home any more than you want them too.

Good Luck

Read more
Answered on 4/05/07, 4:32 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: co borrower mortgage

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

No. Unless you can negotiate a release from the lender, you will not be able to be released from the mortgage. The lender relied upon your income and credit information in order to agree to loan the monies. Due to a change of heart or any other reason, you are not entitled to be released.

The only way to legally get released is to refinance the property in the name of the other party. This would require that the second party be able to qualify for the mortgage in his or her own name and credit.

Scott R. Jay, Esq.

Read more
Answered on 4/05/07, 5:23 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Florida