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If you cosign for a mortgage and the primary owners no longer want the property can the cosigner become the primary owner if all parties agree?
Wiki User
∙ 13y ago
You cannot make those changes on your own. Mortgages have "due on transfer" clauses that are triggered when there is any transfer of ownership. If the owners want to transfer their interest to you the mortgage may become due and payable in full. Also, transferring your interest in a mortgaged property does not remove your obligation under the mortgage.
You need to consult an attorney who specializes in real estate transactions who can review your situation and explain your rights and obligations. Your options are limited by that mortgage.
Wiki User
∙ 13y ago
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What are the disadvantages of cosigning on a mortgage?
If the primary borrower defaults the cosigner can get "stuck" with a huge debt and ruined credit. A cosigner has the same legal obligation to repay a loan as does the primary borrower. In addition, a cosigner does not have property owner rights, only the debt. The real question is why would anyone agree to pay a mortgage for land they do not own. A co-signer has an equal obligation to pay the mortgage.
What does a primary mortgage lender do?
The primary mortgage lender holds the first mortgage. If his mortgage is not paid, he sells the property. He gets paid. You may have a second mortgage. If the second mortgage lender is not paid, he can sell the property. If he sells the property, the primary mortgage lender gets paid first, then the secondary lender gets paid.
How can one remove a cosigner from an equity loan if the cosigner is not on the first mortgage title?
The title has nothing to do with the loan. The loan will need to be refinanced using a different cosigner or only the primary borrowers.
Can a cosigner of a mortgage who is not on the deed legally become the primary owner without notifying the primary owner?
The only way to become the owner of real property is by deed or by inheritance. A person cannot make themselves the owner. They must acquire ownership via a deed from the legal owner. If you co-signed a mortgage for land you do not own then you are simply a volunteer who agreed to pay the mortgage on land you do not own. That doesn't give you any ownership interest in the property. If you are a co-owner of the property who also co-signed a mortgage, you cannot make yourself the "primary" owner of the property. You would need a deed from the other co-owner.
Can you switch the cosigner to the primary?
Yes, you can switch the cosigner to the primary on a loan. The way to do this is to have the loan refinanced.
What are the disadvantages of cosigning on a mortgage?
If the primary borrower defaults the cosigner can get "stuck" with a huge debt and ruined credit. A cosigner has the same legal obligation to repay a loan as does the primary borrower. In addition, a cosigner does not have property owner rights, only the debt. The real question is why would anyone agree to pay a mortgage for land they do not own. A co-signer has an equal obligation to pay the mortgage.
What does a primary mortgage lender do?
The primary mortgage lender holds the first mortgage. If his mortgage is not paid, he sells the property. He gets paid. You may have a second mortgage. If the second mortgage lender is not paid, he can sell the property. If he sells the property, the primary mortgage lender gets paid first, then the secondary lender gets paid.
How can one remove a cosigner from an equity loan if the cosigner is not on the first mortgage title?
The title has nothing to do with the loan. The loan will need to be refinanced using a different cosigner or only the primary borrowers.
Can a cosigner of a mortgage who is not on the deed legally become the primary owner without notifying the primary owner?
The only way to become the owner of real property is by deed or by inheritance. A person cannot make themselves the owner. They must acquire ownership via a deed from the legal owner. If you co-signed a mortgage for land you do not own then you are simply a volunteer who agreed to pay the mortgage on land you do not own. That doesn't give you any ownership interest in the property. If you are a co-owner of the property who also co-signed a mortgage, you cannot make yourself the "primary" owner of the property. You would need a deed from the other co-owner.
What are the rights of borrowers when the cosigner is considering a lawsuit to force them to take a second mortgage so the cosigner can recover money paid because the mortgage was defaulted on?
The cosigner has the right to file a lawsuit against the primary borrower's to recover his or her financial losses due to the defaulted lending agreement. The procurement of a second mortgage does not seem viable if the primary borrower's credit was not originally sufficient for them to obtain the loan without the need of a cosigner. It is more likely the house will have to be forfeited by means of foreclosure and the cosigner will have to try to recover losses by other means. The primary borrower's best choice is to obtain legal advice as to what their options are before a lawsuit is filed against them.
Can the cosigner sell the house if his name is not on the deed and the primary borrower has missed 3 payments?
No. If you are not on the deed, you can't sell the property. The only "right" you have as a cosigner is the obligation to make the payments.
Is a co-signer a co-owner?
No. A cosigner is not a co-owner of the property simply by signing the loan contract. They must specifically insist that they be added to the title. Otherwise they have promised to pay for property they do not own if the primary borrower fails to pay.No. A cosigner is not a co-owner of the property simply by signing the loan contract. They must specifically insist that they be added to the title. Otherwise they have promised to pay for property they do not own if the primary borrower fails to pay.No. A cosigner is not a co-owner of the property simply by signing the loan contract. They must specifically insist that they be added to the title. Otherwise they have promised to pay for property they do not own if the primary borrower fails to pay.No. A cosigner is not a co-owner of the property simply by signing the loan contract. They must specifically insist that they be added to the title. Otherwise they have promised to pay for property they do not own if the primary borrower fails to pay.
What is the insurance liability for the cosigner of an auto loan?
None. A cosigner is entering into a legally binding contract to repay the debt if the primary borrower defaults on the lending agreement. The cosigner does not have any other obligation nor ownership rights to the property.
How can you be a cosigner if the title is in the name of the person you cosigned for?
Many people cosign a loan for property they don't own. Many are uninformed of the consequences of cosigning. They don't realize they are agreeing to be completely responsible for a loan for property that belongs to someone else. If the primary borrower defaults on the loan and the cosigner must make the payments, the cosigner has no automatic right to the property.
Can you switch the cosigner to the primary?
Yes, you can switch the cosigner to the primary on a loan. The way to do this is to have the loan refinanced.
What happens if the primary borrower dies and the cosigner used her home as collateral?
If you are not an owner of the property and yet you cosigned a mortgage then you have volunteered to pay the indebtedness if the primary borrower (assumed to be the owner of the property) does not pay even if the reason they stop paying is their death. Your only hope is that there are estate assets that can pay the mortgage balance or some type of mortgage insurance. One must wonder why you would sign the mortgage when you don't have any interest in the property. You have placed your credit record and your finances at risk. In your case, it seems that you also pledged your own home as collateral for the primary borrower's loan or mortgage. If the primary borrower doesn't pay the mortgage and the bank forecloses then your credit will be ruined and the bank may go after you for any shortfall after the property is sold at the foreclosure sale. In your case, the lender can take your property to satisfy any deficiency. If the owner fails to pay and you don't want to suffer all the damage caused by the default then you must take over paying the debt. You will get no return on your investment. You have obligated yourself to pay for property you don't own.
Would cosigning a car loan hurt you for a mortgage?
It may. When you cosign a loan it becomes your own debt. By cosigning you agree to be responsible for paying the loan balance if the primary borrower stops making payments. That's why the bank requires a cosigner. If you apply for a mortgage the lender will figure that debt into the calculations as to your ability to repay the mortgage you apply for.It may. When you cosign a loan it becomes your own debt. By cosigning you agree to be responsible for paying the loan balance if the primary borrower stops making payments. That's why the bank requires a cosigner. If you apply for a mortgage the lender will figure that debt into the calculations as to your ability to repay the mortgage you apply for.It may. When you cosign a loan it becomes your own debt. By cosigning you agree to be responsible for paying the loan balance if the primary borrower stops making payments. That's why the bank requires a cosigner. If you apply for a mortgage the lender will figure that debt into the calculations as to your ability to repay the mortgage you apply for.It may. When you cosign a loan it becomes your own debt. By cosigning you agree to be responsible for paying the loan balance if the primary borrower stops making payments. That's why the bank requires a cosigner. If you apply for a mortgage the lender will figure that debt into the calculations as to your ability to repay the mortgage you apply for.
