Waldwick, NJ asked in Real Estate Law for New Jersey

Q: Can a co borrower that is no longer on deed sue you to remove them from mortgage?

Co borrower is no longer on deed. He has paid what he rolled into the mortgage. Can he now force me to sell to remove his name from mortgage? I cannot refinance as there is not enough equity to do so, and I do not think I would qualify on my own.

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1 Lawyer Answer
Leonard R. Boyer
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Answered
  • Clifton, NJ
  • Licensed in New Jersey

A: Only a refinance of the mortgage will remove the co-borrower from the mortgage. The other person can try to force a sale, but there is no guarantee that they would be successful. You really need to consult with an experienced attorney to discuss the entire situation and have all your documents reviewed. Good luck.

H. Scott Aalsberg agrees with this answer

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