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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.

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โˆ™ 2006-04-16 13:14:15
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Q: 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?
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Related questions

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.

What are the legal rights of a cosigner on a mortgage?

legal rights of cosigner on mortgage

If we have bad credit will a cosigner help us get a mortgage?

Yes, a person with bad credit can get a cosigner for a mortgage. The cosigner will have to have excellent credit and must go into the office to sign papers to become a cosigner.

What is Mortgage EMI Sleeping PeriodMortgage EMI Sleeping Period offers mortgage borrowers a break from making mortgage EMI payments, It allows borrowers to utilize their EMI payments for other emergencies?

Mortgage EMI Sleeping Period offers mortgage borrowers a break from making mortgage EMI payments, It allows borrowers to utilize their EMI payments for other emergencies. Mortgage EMI Sleeping Period can be a huge relief to borrowers presently as the interest rates have been increasing.

What is the procedure to sue to be released from a mortgage as a cosigner?

There is no procedure for this. The mortgage must be refinanced.

Does the cosigner on a mortgage need to be on the purchase and sale so the seller is aware of a cosigner?

That is an issue between the mortgage company, the buyer and the cosigner. The seller's only worry is selling the property and getting paid.

Does a co signer have the right to borrow against and raise the amount of your line of credit?

A cosigner can only raise a line of credit on a home mortgage if both borrowers sign. Borrower and co borrower. It cannot be done by only one.

Which document represents the borrowers promise to repay the loan?


What are the dangers of a second mortgage foreclosure?

The biggest problem with second mortgage foreclosures is that you can lose your home even if you are still current on your first mortgage. The second mortgage, if defaulted on supersedes you first mortgage.

If 2 people cosign as borrowers for a mortgage how can you get one person off the mortgage if they aren't making any payments?

The only way to remove a borrower from a mortgage is to refinance the mortgage.

What are your rights as a mortgage cosigner?

If you are not an owner of the property, as a co-signer you are fully responsible for paying the mortgage. You have no other rights in the property.

If you refinance the house after a year can you take the cosigner off the mortgage loan?


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