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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118253
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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You recently helped me with a tree issue and were very

Customer Question

HI you recently helped me with a tree issue and were very helpful. I was able to handle the situation without getting a lawyer involved due to the advice you gave me, so thank you very much and I have just recently given you a great recommendation as proper.
I have a new question concerning my godchild who is like my unofficially adopted daughter as her mother is mentally ill and her adopted father is barely in her life. He was minimally there but at least pleasant for years and the only stabilizing force she
had besides me until he met his girlfriend and then it has been devastating as the girlfriend wants nothing to do with Ashley, who is in her twenties. The only thing Mike her Dad ever did for her was to put 10K down on a house for her and became a cosigner
on the home, which I thought was amazing. She has been there ever since and is raising two daughters with a great husband - Ashley and her husband both work. Mike her adopted Dad wants to be removed as a cosigner from her house, and Ashley doesn't have the
credit yet to assume the house on her own. It is a tiny little home out in Parkesburg bought for around 80K. I have attached a document explaining the situation from Ashley's side - my comments are in brackets in the document. Any advice you have to offer
would be great, and if you need more info I can get it from Ashley right away. Thank you for your help.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year 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.

I am not seeing the attached document, can you upload it again?

Customer: replied 1 year ago.
My apologies for the delay as I have had fraud on my bank account in the past and my bank would not let me process the payment as they thought the justanswer site was a risk. I asked them to make an exception so I was just able to process the payment today. I have attached the document again - please advise if you received it and if you have any other questions at all.
Thank you for your help.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
If you cannot assist and co-sign with Ashley and her husband to get the new mortgage so all three of you are on the mortgage and get the father off of the mortgage, you need to inform him that you are trying to treat him right and not hurt his credit. Tell him that if he will not work with you on this, then she has no choice but to rent someplace else and stop paying and then he will be stuck with negative credit reports for the mortgage not being paid. Ashley would just have to walk away from the house if he is being this way, that is one alternative.
However, if the mortgage is being paid by Ashley, no court is going to take the house from her, since the deed is in her name and he would need a court order to get a sale and no court is going to order a sale at this point and the cost to him for legal fees would be high as well. So I would suggest the second option, she keeps paying and working on finding another cosigner for the mortgage to ultimately refinance and get him off of the mortgage and if he wants to try to go to court to fight for a sale, she can prove she is paying the mortgage and prove she has tried to refinance and the bank will not do so and the court is likely to force him to leave things as they are until she can refinance.