QUESTION
How does one get out of a mortgage loan as a co-borrower?
Asked on Jul 07th, 2015 on Real Estate - California
More details to this question:
What options do I have as a co-borrower to be released from a mortgage loan? The main borrower refuses to refinance or sell the property? Please advise on the options I have to make this happen without having to settle in court. Also, will this work out in my favor if I attempted to take the main borrower to court so that I can remove myself from the loan?
1 ANSWER
Do you have a written agreement with the other borrower which allows you to force the sale of the property, force the other borrower to buy you out, or refinance? If so, the terms of that agreement control.
If not, do you own an interest in the property which shows on the official county real estate records? If so, then you have the right to petition the court to "partition" the property. In cases involving acreage, partition means divide up the property among the owners, In teh case of a single family home or condominium, it means selling the property and divinding up the net proceeds.
If you are not shown on the recorded title (i.e. your name as grantee on a deed), then did you contribute any portion of the purchase price, other than signing as a co-borrower on the loan? If in addition to being a co-borrower, you contributed to the purchase price, you stil have a chance at claiming you are a "beneficial" owner and still entitled to partition the property.
Even if you did not contribute anything to the purchase except the loan, you still might have a chance at partition. Such a threat or filing such a lawsuit might be enough to persuade the other borrower to either refinance or sell, in order to avoid the expense, effort and risk of a partition lawsuit. The sale price in such cases is usually well below the true market value.
Mediation might help. That's a process where a trained and experienced mediator attempts to negotiate and broker a mutual agreement by both sides, so that they can avoid a lawsuit. It requires that both sides be willing to compromise. The mediator does not decide who will win or lose. He just brokers an agreement. If the sides don't compromise, there'll be no settlement.
The current lender will not release you without cooperation from the other borrower. The lender will want assurances that the remaining borrower has enough income to pay the loan, with enough left over to pay ordinary living expenses. If the other borrower will not cooperati by providing his or her financial information, the lender has nothing to review in order to decide.
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Dana Sack
Answered on Jul 08th, 2015 at 2:22 PM