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 3 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.