Legal Question in Real Estate Law in Illinois

Getting name off co-borrower mortgage

My wife entered into a mortgage with a former boyfriend. The boyfriend told her he had refinanced and taken her name off the mortgage so she signed a quitclaim deed taking her name off the title. However, he did not refinance. She discovered by being subponeaed for foreclosure of the property. She filed a suit against him and he was found liable and then in contempt of court for not following the courts orders. Nothing has been done to the boyfriend and the property has went into foreclosure again. This has dragged on for over 2 years. What can my wife do to protect herself.


Asked on 8/15/03, 1:41 pm

1 Answer from Attorneys
Mary McDonagh McDonagh-Faherty Law Offices

Re: Getting name off co-borrower mortgage

To protect her from what? If she signed on a mortgage, then she is liable for it. She can only chase the ex-boyfriend's assets and hope he has something to pay her back with if she was awarded damages. She can also go back to court and find him in contempt again - the judge has discretion to throw him in jail if it chooses.

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Answered on 8/18/03, 4:16 pm


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