If I co-signed on a mortgage with my sister, is it possible to get taken off?
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If I co-signed on a mortgage with my sister, is it possible to get taken off?
I was tricked into doing so because she only wanted me to co-sign because she could not be approved on her own. She lied and told me that I would benefit from the home by living there then turned around and put me out. She is not paying the mortgage because it is reflecting as 120 days late on my credit, I think she refinanced and I found out she did a quit claim deed fraudulently signing my signature. My credit is being distroyed. What can I do about this issue? What kind of attorney could assist me?
Asked on July 13, 2017 under Real Estate Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Unfortunately, no matter what your sister is doing, you cannot get taken off the mortgage unless all parties to it--so your sister and the lender both--agree to let you off it. That is because the mortgage is a contract, and a contract cannot be modified (and removing someone from it is a modification) without the consent of all parties. You may be able to sue your sister under the mortgage for her failing to do her part and pay at least her share of the mortgage; for breach of contract for violating her agreement to let you live there; for fraud, for lying to you about what she could or would do; etc. Speak to an general practice attorney--someone who handles multiple different kinds of lawsuits; such a lawyer would be best able to help you given the multitude of different grounds to sue.
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