Co-signer on a refinanced home loan

UPDATED: Jun 9, 2009

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Co-signer on a refinanced home loan

I co-signed for a loan with my former fiance’. The condominium is “underwater” and more is owed than worth. We split up thereafter and now she cannot make the payments. I have been paying for seven months straight. What are my legal rights and how can I get out from the loan? Can I force a sale?

Asked on June 9, 2009 under Real Estate Law, California


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Who owns the title? Are you both on it or just her? You cannot simply get out of the loan -- the lender has to make the decision and it seems if your ex cannot make the payments on her own, the lender isn't going to let you out.  Have you though about buying the property from your ex? If you are not on the title, you basically are liable for the loan with her but have no title to the property -- not a good position to be in.

You cannot force a sale because you're a surety not a lender.

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