Can I take my ex-boyfriend to court forcing him to release me from any liability or defaults on a mortgage loan that we both signed?

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Can I take my ex-boyfriend to court forcing him to release me from any liability or defaults on a mortgage loan that we both signed?

He has been paying the mortgage since we signed the loan in 2006. He stopped paying the mortgage 5 months ago and the apartmen. is now in the process of foreclosure.

Asked on April 30, 2012 under Real Estate Law, Florida

Answers:

Esther Bryan Gayle / Law Office of Esther Bryan-Johnson

Answered 9 years ago | Contributor

No.  You both are responsible for the note.  In fact, if he doesn't pay, you should be the one paying, because both of you are responsible for the loan, you both  signed it.  You need to understand that when you sign documents like these, you are bound to them untill they are paid off.  Unless the boy-friend voluntarily wants to let you off the hook, other than that, no court can force him to do anything.  Besides the banks are very comfortable to have two people to go after in default, as in this case. 


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