Legal Question in Credit and Debt Law in Massachusetts

Can I get my son to pay his debt to me ?

Through his prompting, I took a 2nd mortgage (on his behalf) to loan him $20K. He said he'd pay it off quickly. He pays it at the last minute and occassionally late. The mortgage co. frequently calls me looking for their payment (loan is in my name). WQe were at odds before the loan, and remains so now. He rarely gets in contact with me and sees nothing wrong. Can I get him to pay by the mortgages time schedule or make him take out his own loan and pay my off. I'm afraid my credit is being adversly affected.


Asked on 7/02/06, 9:50 am

2 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Can I get my son to pay his debt to me ?

I am sorry about the unreliability of your son. I assume the mortgage is for a property. It is unclear who owns the property: you or your son. Since the loan is in your name, it limits your choices. However, the loan is apparently secured by your son's property. You may be able to force the sale of the property to satisfy the mortgage, if the property is in your son's name. There may be a few other options, but you need to contact me or anothe attorney to discuss these.

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Answered on 7/02/06, 10:01 am
William McLeod McLeod Law Offices, PC

Re: Can I get my son to pay his debt to me ?

If the loan is your name, you are responsible for paying it on time. Whatever agreement you made with your son (i.e., his payment of the loan) is between you and him. You are the only who is ultimately responsible for getting the loan paid on time.

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Answered on 7/02/06, 11:36 am


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