I need to get remove from the title loan.

UPDATED: Sep 30, 2022

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I need to get remove from the title loan.

I cosigned for a mortgage loan like 7 years ago. The deal was that I was going to be on the loan for only a year. The people that I did the favor to cant find anyone to replace me on the title and am desperately need to get remove. Im ready to take the next step and try to get a house myself but I cant because of that. Can you guys help me or give me an advise to see what can I do?


Asked on April 9, 2016 under Real Estate Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can't get your name removed from the mortgage without someone else refinancing it unless *everyone* who is a signatory to the mortgage--not just the co-borrowers, but also the lender--agrees to let you out, and that will not happen. The lender will never agree to remove you from the mortgage because doing so gives them no advantage while actively hurting them--it reduces the number of people responsible to pay the mortgage and whom they could sue for the money. 
If you are on the title as well as the mortgage, if you and your co-owners can't agree on what to do, you may be able to bring a legal action (file a lawsuit) seeking a court order requiring that the house be sold and the proceeds (if any remain after paying off the mortgage) be distributed among the owners--such a suit could potentially be settled by the other owners finding a way to refinance without you and buying you out. Courts wlll sometimes grant these orders when property owners have irreconciliable differences as to what to do about/with the property. Such a legal action can be a complex one; you are advised to consult with an attorney in detail about whether this is a viable option for you.

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.

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