Legal Question in Real Estate Law in Pennsylvania

I co-signed for a mortgage with my father. He could not afford to pay the mortgage anymore and moved out. I believe the house has gone into foreclosure, but I would like to save it, but my father wants nothing to do with it. If he signs the loan modification papers for me, can I have an affidavit drawn up stating that I take full (financial and physical) responsibility for the property and he is giving up his rights and responsibilities? Would this be legal?


Asked on 6/27/12, 12:51 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

Is your name on the deed or is the house only in your father's name? Having him sign a modification (if the lender will even agree to one), it would have vie to be in his own name. It sounds a little collusive/fraudulent for hi to sign "for" you.

If you want to keep the property, it may be better for you (or you and your father, if your name is not on the deed) to talk to the bank about your taking sole title and refinancing the mortgage so that everything is in your name. If you co-signed, it was probably because your father's credit was not sufficient for the lender to rely on it, so they would have been looking at your credit.

If the mortgage is already in foreclosure, you'll have to move on this quickly. The lender's legal and other expenses are already piling up, and they become part of the mortgage debt.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

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Answered on 6/27/12, 1:29 pm


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