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I co-signed on a mortgage for my ex husband and also

Customer Question
I co-signed on a...

I co-signed on a mortgage for my ex husband and also stupidly signed a quit claim deed to him. Do I have any rights the the Home, sale of the home? How can I force him to refinance and get me off the loan?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

None

Lawyer's Assistant: Where is the home located?

Dunwoody Ga, I believe it’s fulton county but on the line with Dekalb

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No thank you

Submitted: 5 months ago.Category: Real Estate Law
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Answered in 6 minutes by:
3/19/2018
Real Estate Lawyer: Barrister, Lawyer replied 5 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,074
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

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 type out an answer or reply.

.

I really hate to tell you this, but when you signed the quitclaim, you gave up all ownership rights to the home and if you are on the mortgage, you are stuck being liable for it if he doesn't pay it..

.

There are only 3 ways that someone can get their name off a mortgage The first way would be if a lender voluntarily agreed to release the person from the mortgage in writing. This isn't very likely as the lender currently has 2 people on the hook for the mortgage. The second way is if the loan is paid off. And the third is if the loan is refinanced in only one party's name.

So unless one of the above could apply, both people are stuck on the mortgage until it is either paid, the house is sold and it is paid, or it is refinanced.
.

The only way you could force him to refi (if he can) would be if you had some type of agreement that he would and then he has broken that agreement. You could then sue him for breach of contract to see if a judge would order him to refi or sell the property to get you off the mortgage..

.

I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

.

.

thanks

Barrister

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Real Estate Lawyer: Barrister, Lawyer replied 5 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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