Legal Question in Real Estate Law in Maryland

Mortgage Dispute

A freind of mine was a co-signer on a mortgage with her ex-boyfriend. He asked her to sign the deed over to his name, which would help him refinance his house. She agreed. It has been 8 years and he has not refinanced the house and they are no longer together. He has failed to pay the mortgage on time twice on several occasions, which nearly resulted in the mortgage going into foreclosure. This has negatively affected her credit rating. She has attempted to convince him to take her name off of the mortgate but he has refused. The mortgage company is holding her responsible. What legal action might she take? Thank you.


Asked on 4/15/05, 10:12 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Mortgage Dispute

Your friend made a big mistake when she agreed to sign over the deed to her ex without a guarantee that he was going to refinance. Now she has no control over the property, and the lender can theoretically come after her on the mortgage--the worst of both worlds. She might threaten to file a defamation of credit or injury to credit suit against the ex, since his actions in not keeping the mortgage current are injuring her credit record, and potentially exposing her to legal action from the mortgage company (not likely). she would ask the court in such a suit to force him to refinance, although at this juncture he might have a hard time doing so given his credit history (although there are secondary lenders who would take him on but at high rates.) Hopefully he'll try and refinanace to avoid a suit.

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Answered on 4/15/05, 11:09 am


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