Legal Question in Real Estate Law in Utah

Mortgage co-signer

I am a co-signer on my niece's mortgage and I want to be released from the obligation. The mortgage is current. She is willing but the mortgage company would rather have both of us remain. Can I quit claim my interest back to the mortgage company and remove myself?


Asked on 9/14/08, 7:54 pm

1 Answer from Attorneys

Re: Mortgage co-signer

Not a chance. No way.

That's not legal terminology but it's accurate. It's entirely up to the mortgage company whether to release you or not. And they won't do it. You are at their mercy. Look at it from their point of view: They've got 2 possible sources to pay if there is a problem; how would it benefit them to reduce that to only 1? And in your case, the one who is less likely to be able to pay (otherwise why would she have had to have a co-signor?)

They may be willing to substitute someone else (highly unlikely and would require the entire credit approval process).

The other option is to have your niece refinance in her name only, or with someone else as co-signer.

Good luck to you.

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Answered on 9/14/08, 10:08 pm


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