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The question states, "...cosignor already signed the PRELIMINARY papers..." I believe that they key to the answer lies in the word "preliminary." If the FINAL documents for financing have not yet been signed then the decedent's estate may be under no legal obligation to coninue on with an, as yet, un-ratified contract. You need to consult an attorney familiar with your state's law in this matter.
What else can I help you with?
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.
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.
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 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.
What is the process for obtaining a cosigner service for a mortgage?
To obtain a cosigner for a mortgage, you typically need to find someone with good credit and income who is willing to sign the loan agreement with you. The cosigner's financial information will be evaluated by the lender, and they will be responsible for the loan if you are unable to make payments.
If the cosigner of a home loan dies will the bank go after his estate for repayment?
My belief is that as long as the mortgage is paid on time by the borrower, there would be no reason to go after the cosigner estate.
If you refinance the house after a year can you take the cosigner off the mortgage loan?
Yes.
How do you sell a house when the cosigner of the original mortgage is not available to sign off?
Hire a Real Estate attorney and have a court order. A commissioner will be appointed to have the other party removed.
What are the benefits of a cosigner?
A cosigner basically is a guarantor for the repayment of a loan or value and serves as cosigner of the debt. If the debtor fails to make payments or defaults, the cosigner is obligated to pay off the debt. No benefits for the cosigner, but cosigner benefits the debtor.
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.
If an adult child is a cosigner on the mortgage to her parents' home can she be relieved of the debt responsibility when she marries?
The mortgage would have to be refinanced without the participation of the adult child as cosigner. Debts incurred before marriage do not become the responsibility of a new spouse.
