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Can the borrower sue a co borrower that is not in the residence for back payment of the mortgage?

Posted on: 17th Apr, 2009 05:29 am
my fiance was a co borrower on a loan with her ex-fiance 2.5 years ago. he is a financial wreck and was considering bankruptcy, so she didn't push him to refinance the house loan in his name, which he probably couldn't do because of bad credit anyway. he now is threatening to sue her for mortgage payments he made without her help. can she be sued for these payments? we are consulting an attorney, but i wanted some background info before speaking with him.
Hi jasschwartz,

I don't think that is possible. To sue someone there has to be some valid reason and I don't see any such reason here. The one who is the primary borrower has the primary responsibility of repaying the mortgage and in case he/she defaults, it is the co borrower who has to make the mortgage payments.
Posted on: 19th Apr, 2009 09:52 pm
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