If you co-signed your in-laws’ mortgage, you may be responsible to the lender when they miss payments—even if you do not own the home. Contact the mortgage servicer promptly to confirm the account status and ask about loss-mitigation options. Your relatives’ refusal to refinance or sell does not, by itself, remove your loan obligation. Whether you have ownership rights depends on the deed, loan documents, and state law.
What co-signing means when a payment is missed
The Consumer Financial Protection Bureau (CFPB) says a co-signer or co-borrower agrees to take full responsibility for repaying a mortgage, including missed payments and potentially the full loan. Your exact note and other loan documents control what you agreed to. If the loan becomes delinquent, your finances and credit record may be at risk. CFPB: Mortgage answers—key terms
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Loan responsibility and property ownership are separate questions. You may have signed the repayment obligation without being named on the deed; conversely, title documents may give you an ownership interest. The deed, note, mortgage or deed of trust, and applicable state law matter. A transfer of ownership alone does not release someone from joint responsibility for the mortgage. CFPB: Making the move to homeownership on your own or with someone else
First, find out exactly where the loan stands
Gather the signed loan papers, deed or title records, latest mortgage statement, and any letters or notices. Identify who signed the repayment obligation, who appears on title, which company services the loan, how payments have been credited, how much is overdue, and whether any foreclosure or other legal notices have arrived. Do not assume you have online access or an automatic right to statements; ask the servicer what access the contract and its process allow.
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Call the servicer using the number on the mortgage statement. The CFPB advises borrowers who cannot pay or are worried about missing a payment to call right away. Ask for the current account status, amount needed to bring the loan current, any deadlines, and how to submit a loss-mitigation application. Keep copies of statements, payment records, letters, and notes of calls. CFPB: If I can’t pay my mortgage loan, what are my options?
What to do if your in-laws will not refinance or sell
You generally should not assume you can compel relatives to refinance or sell just because you co-signed. Whether you have any right to act as an owner depends on title and state law; the loan documents determine your responsibility to the lender. Get advice from a locally licensed attorney if ownership or repayment obligations are disputed.
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Refinancing
A completed refinance replaces the existing loan with a new one and may pay off the mortgage for which you co-signed. Your in-laws would need to pursue a new loan and qualify for it, and the transaction must actually close and pay off the old debt. A promise to refinance, an application, or a title change is not a release. Ask the current servicer what documentation confirms payoff and discharge of the old loan.
Selling the home
A completed sale can pay off the mortgage if the proceeds are enough to cover the debt and selling costs. If the sale price or available proceeds will not cover what is owed, do not assume an ordinary sale will clear the remaining balance. Ask the servicer about a short sale or other options before agreeing to terms. CFPB: Avoid foreclosure
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Changing title is not the same as paying off the loan
Do not sign over an ownership interest or sign unfamiliar documents believing that this alone removes your mortgage liability. A title transfer does not itself pay off or release the loan. Before signing, understand what the document does and get legal advice if you are uncertain.
Loss-mitigation options to ask the servicer about
Available options depend on the loan, the household’s circumstances, and servicer requirements. Ask which options may apply and what forms and supporting documents are needed. The CFPB lists these common possibilities: CFPB: mortgage payment options
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- Repayment plan: Adds some overdue amounts to regular payments so arrears are repaid over time. The loan may remain delinquent until all missed amounts are repaid. CFPB: What is a repayment plan on a mortgage?
- Forbearance: May temporarily pause or reduce payments, but it does not erase the amount owed. Ask what happens when the forbearance ends and how the missed amounts will be handled.
- Loan modification: Changes loan terms if approved. Ask whether a modification would address the delinquency and what it would mean for the monthly payment and the co-signer’s ongoing liability.
- Short sale or deed-in-lieu: Possible alternatives to foreclosure in some circumstances. Ask the servicer whether either is available and what approval would mean for any remaining debt and the co-signer’s responsibility.
Ask for the servicer’s requirements and any decision in writing. A housing counselor can help you understand the process and organize the paperwork.
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A HUD-approved housing counseling agency can help explain options and assist with the servicer process, often at little or no cost. Use the CFPB’s guidance to find a counselor and understand what to expect: CFPB: mortgage options and housing counselors
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Seek advice from a locally licensed attorney if foreclosure appears imminent, legal papers arrive, or your relatives dispute who owns the property or who must pay. The CFPB says a person facing imminent foreclosure or served legal papers might need an attorney. State-specific remedies and timelines cannot be determined without the location and documents.
How the foreclosure timing rule should—and should not—be read
The CFPB says a servicer generally cannot make the first foreclosure notice or filing until a mortgage is more than 120 days behind. This is a general federal baseline for the first notice or filing, not a countdown to a foreclosure sale. State law and the details of the case affect what happens afterward, so do not use the 120-day figure to predict a sale date. CFPB: How to avoid foreclosure
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