A foreclosure has serious consequences. By cosigning your son has guaranteed the loan. So, in order to get its money back in full, the lender can now sell the house at public auction, sue the borrower and sue your son as guarantor. Typically in these situations, the lender will start by foreclosing on the house (i.e., selling the house at public auction). The amount recovered at the auction will pay off any tax liens, the auctioneer, and the legal fees of the lender before even being applied to interest, penalties, late fees and the underlying principal. If there is any amount due to the lender on any of these balances, the Bank typically has the right under the loan note and guaranty, to sue the borrower (your sons friend) and the guarantor (your son) for the deficiency. The lender will likely sue both of them, and will begin collection against whoever has the most assets. Your son should consult with a bankruptcy attorney immediately to discuss his situation in more detail, before it is too late.
Answered on Sep 12th, 2011 at 3:50 PM