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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: CA Real Estate
Satisfied Customers: 117358
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am in need of help issue I have. My mother

Customer Question

Hi, I am in need of help for an issue I have. My mother recently sold the house that I was raised in. In 2006 she re-financed the house and apparently put me on the loan. At the time I was 22 years old and still in college. I was under the impression I
was only being put on the title of the house, and not on the loan. Fast forward 7 years later and she apparently fell behind on the payments. Once again I was not aware of this. Eventually she fell so far behind that a foreclosure was initiated, however, she
was able to work out a deal with the bank and my father and prevent the house from being foreclosed. She sold the house last year. I recently tried to get pre-approved on a home loan for myself and my wife and was denied because all of her delinquent payments
showed up on my credit report. I want to know what course of actions I can take to get this remedied. I feel like I was taken advantage of by my own mother. As I mentioned, at the time of the re-finance I was in college and did not have a job. I don't feel
it's fair that I am paying for her mistakes. What can I do?
Submitted: 2 years ago.
Category: CA Real Estate
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You could not be put on the loan unless you signed the promissory note for the loan. So you need to check the loan documents for your mother's house to find out how your name was placed on the mortgage without your signature.
You also have the right to sue your mother for the damage she has caused to your credit report and for any losses you suffer as a result of her causing damage to your credit. In addition, if she fraudulently placed you on the mortgage, you can sue her for that fraud and misrepresentation as well.
Your only recourse would be to sue your mother if she defrauded you. Also, you could sue the lender if someone forged your name on the refinance to remove the remarks from your credit report and sue your mom for that to if she forged your name.