I had bad credit 20 years ago and my daughter and son-in-law cosigned for the loan and their names are on the deed. My son-in-law made one payment and I paid him back. I have made all the mortgage payments over the years and now have a substantial equity in the house. I want to refinace and take his name off the loan agreement, but he refuses to allow me to remove his name. I live in Texas. What options do I have?
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8Seek a lawyer. Being on the deed entitiles him to some ownership of the house. He may argue that he gave you a short term loan (the one payment), and that he also loaned you his credit and are thus entitled to compensaton. And he has a point....cosigning on your loan may have precluded him from purchasing either a home of his own or a investment property.– Pete B.Aug 23, 2016 at 18:39
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2Are you interested just in removing his name from the loan agreement? If so, that's trivial. Or in removing his name from the deed? That requires his cooperation (or a legal battle).– ChrisInEdmontonAug 23, 2016 at 19:18
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Have you asked him why he refuses? If so, what does he say?– mikeazoAug 24, 2016 at 13:14
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He wants the bulk of the house to go to his two sons even though I have 6 other grandchildren. At least that is what he says. IMHO I think he just wants to get a third of the house for himself. rccola76– rccola76Aug 25, 2016 at 10:51
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1 Answer
I want to refinance and take his name off the loan agreement
If the house deed is on joint names, removing name from loan agreement may not possible. As in case of default, the Bank can't reposes the house and one of the owners does not agree and is not party to the arrangement.
If the house deed was on your individual name and his name was only on the loan agreement, you could have removed it with refinance without his consent.
You would need to talk to a lawyer.
