Monday, February 11, 2013

How do I get other person's name off the mortgage?

In the State of Texas, a judge cannot interfere with third party creditors (in this case the mortgage company).

No mortgage company would give anyone a mortgage if a judge could then remove a party's name from the mortgage.  If you think about it, this makes sense if you were the company lending money.  You don't want the person with the "deep pocket" to be let off the loan.

So what is your option to get rid of your co-signer:

1.  Pay off the loan.

2.  Re-finance the loan.

3.  Find a new person to co-sign the loan along with you.

4.  Call the company & see if they will let you be on the loan alone.  Perhaps the loan balance has dropped lower, your credit score has improved or you are now making more money.

5.  Sell the asset and get rid of the loan.


If you are the co-signer, recognize that if the person keeps the asset (vehicle) and you are still a co-signer, you are still liable for the debt.  So if the person does not pay, the creditor will look to YOU for repayment even though you don't have the asset.  If you are worried that the person won't pay the debt then keep the asset.  If you are worried that they will disappear, crash the vehicle or not keep the vehicle insured then it still remains your responsibility.  You need to make sure that the creditor knows how to find you in case there is a problem with the loan in the future.

Be aware that is a creditor has to try to collect this debt there will additional fees involved that will raise the debt much higher than just the original debt.  There will be court costs, attorney fees and possibly additional fees in their attempt to try to collect this debt.  I've seen attorney fees run into the thousands of dollars.

I've seen many friendships ruined over co-signing a loan for someone.  It's amazing how quickly people forget about the promises made when they needed money.  They were so nice until the debt collector calls & suddenly they can't remember your phone number.  Suddenly you are a horrible person for expecting them to pay their debts.

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