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Delta-Lawyer
Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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Loaned son money to buy house six years ago and consigned

Customer Question

Loaned son money to buy house six years ago and consigned mortgage. He has made no effort to pay money back or refinance to have my name removed from mortgage as was originally agreed. How can I have my name removed from this mortgage?
Submitted: 1 year ago.
Category: Legal
Expert:  Delta-Lawyer replied 1 year ago.

I hope this message finds you well. This, unfortunately, is a pretty difficult issue, both legally and as it pertains to your relationship with your son. You cannot force the bank to refinance or re-write the financing, withdrawing your name without a court order.

You have two options: (1) Attempt to convince your son to re-finance in his name only; and (2) if that fails, you will have to sue him to have your name removed from the finance documents and seek a court order to the mortgage company to remove your from the finance instruments in the process.

Unfortunately, there is no other way to handle the situation because the bank is not going to allow you to unilaterally remove yourself from the note without a court order.

Let me know if you have any other questions or comments.

Please also rate my answer positively as well.

Best wishes going forward!

Expert:  Delta-Lawyer replied 1 year ago.

Did you have any other questions or comments? I want to make sure you are comfortable as you move forward. Thanks!