Can a co-signer on a home loan pay off the note and sell your house if their name is not on the deed?

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Can a co-signer on a home loan pay off the note and sell your house if their name is not on the deed?

Asked on November 27, 2011 under Real Estate Law, South Dakota

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

So the person is only on the note and not on the deed or title to the property AND there are no other contracts between you on the matter, correct?  Then they could not transfer the property with out your signature on the deed.  You would be the grantor of the property on a sale and you would need to execute the deed in order to be able to transfer the property to some one else.  This sounds like a sticky situation that you are in and you sound a bit panicked by the prospect of the event taking place. So I would really suggest that you seek help from an attorney in the area on the matter.  Good luck.


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