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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 36215
Experience:  16 years real estate, Realtor. Landlord 26 years
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I co-signed on a mortgage/note with my daughter in law back

Customer Question

I co-signed on a mortgage/note with my daughter in law back in 2008, she is my ex daughter in law now. She was to refinance the house about 4 years ago, to take me off of the mortgage/note but walked away from it. What can I do legally to get my name off the mortgage/note. She lives in the house, not me. Thank you, ***** *****
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: what can I do legally to remove my name from the mortgage/note as the co-signer?
JA: Has any paperwork been filed?
Customer: no not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: I just want to know if she can be taken to Court and the Judge make her sell the house?
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Barrister replied 4 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Can you tell me what state this is in?

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Are you on the deed to the property along with daughter?

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Is she making the payments on the loan?

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thanks

Barrsiter

Customer: replied 4 months ago.
Ohio
yes
she makes some and she misses some, the mortgage company has been calling me lately to get payment because she is behind
Expert:  Barrister replied 4 months ago.

Ok, I hate to tell you this, but the only way to get you off the mortgage is to force a sale of the house because the bank isn't going to voluntarily release you because right now they have two people on the hook for the payment.

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But since you are on the deed, you can contact a local real estate attorney for help to file a "partition action" where a judge orders the house sold at public auction to the highest bidder so that you can be taken off the deed and the mortgage once it sells.

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thanks

Barrister

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