Legal Question in Real Estate Law in Pennsylvania

must both parties cosign for a loan on another deed(for someone else)

my wife's son(not mine)wants us to sign for him to purchase a home(he is not approved by himself)

can he obtain a mortgage with just her signature and then would a lien be placed on our home even I did not sign


Asked on 11/18/10, 4:56 pm

1 Answer from Attorneys

John Davidson Law Office of John A. Davidson

Some clarification when you or anyone else borrows money for a house the lender gets to forms of security. One is a Mortgage which goes on record and is an agreement that says if the borrower doesn't pay back the money borrowed then the bank can foreclose on the property and try to get their money. The second is a promissory note that obligates the borrower to pay back the bank. This usually comes in to play when the bank doesn't make enough selling the house to cover the loan.

What the bank is asking is that your wife sign the promissory note. This would make her personally liable to pay the bank if the property ends up in foreclosure.

In essence the bank saying we don't think your son is a good enough risk to lend money to even with the property being there for security. If the bank doesn't think he's a good enough risk then maybe he should postpone buying a home till he is. Maybe he needs a bigger down payment maybe better credit or maybe just more income. He should work on qualifying before buying a home.

{John}

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Answered on 11/24/10, 5:52 am


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