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I am a co-signer with my sister on a joint mortgage for a house in Lake Dallas. Can I sure her to refinance or sell the house?
Wiki User
∙ 16y ago
Because you say it is your sister, I would wager you did not first put your agreement into writing (before co-signing an obligation), which would state the terms under which you could bring actions against each other, substitute parties, buy-out, substitution of lenders, division of risks, profits and duties, etc.
You cannot sue in equity to compel a new contract, but you might rescind or modify the prior agreement, or sue for damages caused by her position.
Wiki User
∙ 16y ago
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If my sister and her husband took out a mortgage with my mom as a cosigner and are now behind in their mortgage payments will my mom's estate responsible for the mortgage?
Each person who co-signs a mortgage is equally responsible for paying the mortgage. If your mother has died then her estate must be probated. The debts of the decedent must be paid before any property can be distributed to the heirs. You need to consult with an attorney who specializes in probate in your area who could review your situation and determine what the obligations are regarding the mortgage.
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