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Old 01-05-2009, 03:11 PM
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Default I co-signed on my mom's mortgage to help...

...her get a loan, and the house went into foreclosure (see details)...? I co-signed on my mom's mortgage to help her get a loan. I was naive going into this -- completely new to the process, and believed it when I was told by the broker that I could be taken off the loan at any time (I'm filing a complaint with the Attorney General for that). Well... mom couldn't afford to pay back the loan, the foreclosure process has begun, and now she's talking about filing for Chapter 7 bankruptcy.By her filing for chapter 7, I would be the only person left standing to pay for a house that I don't even live in.I've already spoken with two attorneys -- one said they'd try to get my name off the loan and I never heard back. The other said I should sue her to force a short sale, and said the bank probably won't go after me for the difference. I'm really getting the shaft on a deal that was supposed to help my credit. What can I do to come out of this as squeaky clean as possible, without regard to mom?NOTE: I apologize to those of you who like to be the one to provide the moral or lesson to each story, but I'm ok in that department. I already know the moral of the story.BTW: I live in Illinois.
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Old 01-05-2009, 04:55 PM
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I would contact the mortgage holder and take over full and complete home ownership and then try to sell the home.As co-signer or co-maker of a loan, the loan is really yours, not your mother's, and therefore you can absolutely expect the mortgage holder to come after you, despite what your attorney has told you.By doing so, it does not matter what your mother does, as the mortgage is yours.Having said that, it is entirely possible that by selling the home, you may still have a shortfall if the amount you owe is more than what you have sold your home for, and your mortgage holder will need to compensated for this. Have the discussion with the mortgage holder. They may be surprisingly flexible in these uncertain times.
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