If somebody who does not speak English cosigns a mortgage contract in English without knowing about his legal obligations because the borrower deceived him can he be released as a cosigner?

Answer 1

Answer

First, why is language an issue? By "borrower" I take it you mean the primary signer of the loan. Most all developed countries have contracts of some sort and every good parent tells their kids (in the applicable language) "NEVER SIGN IT UNLESS YOU READ IT FIRST!" So, the question then becomes HOW did the borrower deceive the non-English speaking co-signer?

In any case, the answer is generally NO. The lender/bank has no obligation to ensure that the signing parties have read and understand the contract. Most contracts stipulate "I have read and understand this agreement which I am signing", so they no reason to believe that some hanky-panky is involved.

The duped co-signer can, however, file a lawsuit (or depending on the type of deceit and monies involved possibly a criminal charge) against the borrower in an attempt to recoup losses or to force the borrower to refinance the loan in their name only which would then release the cobuyer.

But using the old "I did not understand the language" just doesn't flush much anymore because it is a world-wide fact that most people in other countries learn English at an early age. You'd be shocked at how many English-speaking people try to pull the same "I had no idea what I was signing for" stunt. Right. Well, then I guess this is going to be a very expensive "Mama told me so!"Never sign it if you haven't or cannot read it. And NEVER co-sign for ANYONE!

Answer

There is a legal defense in such issues that is somewhat sarcastically referred to as "Heisenburg's Uncertainty Principal of the Law". The fact that a person signs numerous forms does not "ipso facto" mean he or she is bound by what was purportedly signed. This gives the debtor/consumer legal grounds to file litigation if necessary to be relieved of the responsibility of the debt. There must however, be clear and substantiated proof that the consumer was pressured into signing or that they did not in some manner understand what was taking place, such as a person having limited communication skills for whatever reason.