Legal Question in Real Estate Law in Wisconsin
My husband and I currently own a rental property. We also own the house we currently live in which is a separate property from the rental property. We have a co-signer on the loan of the house that we currently live in, but not on the rental property. If the rental property is foreclosed on, will it affect the credit of the co-signer of our current property?
1 Answer from Attorneys
Yes, if the co-signer sues you for breach of contract, any resulting judgment which he wins could serve as a lien against any real estate which you own in any county where the judgment is docketed. While the foreclosing bank may be willing to settle for the mortgaged property without suing the homeowner, the guarantor may not be so forgiving. Banks also have the option of going after the owner personally and not simply settling for the property, even though this is currently somewhat rare in the case of owner occupied single family homes. My comments in this public web forum are intended only for public educational purposes and not as legal advice for you. You therefore should retain your own attorney as soon as possible, since time limits can apply to many different types of legal matters which could severely harm your case if they expire without receiving proper attention in a timely fashion. My comments in this public web forum are intended only for public educational purposes and not as legal advice for you. You therefore should retain your own attorney as soon as possible. However, you are welcome to contact me at my office in Racine if you wish to discuss this matter further.