Legal Question in Credit and Debt Law in Texas
Cosigned on a loan
I cosigned a loan for my step daughter to buy a house in Texas, I live in California, and she has been constantly late on her payments. She went four months without making payments one time and we paid it up to date for her. She is once again behind and I want to get my name off of the loan. She will not qualify for the loan alone. How do I go about getting my name off of the loan or forcing her to sell?
2 Answers from Attorneys
Re: Cosigned on a loan
Unless the mortgage company agrees, you cannot and I cannot think of any resaon why they would agree.
Re: Cosigned on a loan
In general, you should never co-sign for anyone, for anything, as you have now learned the hard way (and perhaps others reading this may be lucky enough to learn without actually doing it). The reason the person needing a co-signer needs you to co-sign is because an objective third party doesn't think they can qualify, income-wise, or responsiblity-wise, for the loan in question. Why question their expert judgment (which, as in this case, turned out to be correct). She must refinance without you or sell. Otherwise, it sounds like a foreclosure is on the horizon.
These are general principles - having not all that much to do with law, let alone TX law, but I should point out that I am not licensed in TX and am providing no legal opinions to you.