How Can a Cosigner Sell the Mortgaged Real Estate

**perrysplace** · 05-25-2012, 09:53 AM

My question involves a mortgage in the state of: Virginia. I co signed for a mortgage for my son in law . After about a year he started late payments. I talked with him about this and soon after he quit his job as a police officer and left town with a girlfriend. We do not know where he is. I have been making on time payments ,taxes and insurance for over two years.I want to get his name off the title so I can sell it and pay off the mortgage.Like I said we do not know where he is. My daughter now lives with me and I have the property rented to cover mortgage. How do proceed?

**flyingron** · 05-25-2012, 01:52 PM

Hopefully you are also on the title, otherwise you have no right to do anything.

You're going to have to go to court and do that. This will take a concerted effort to find him and then given a few additional steps you can serve him by publication.
You'll then get a judge to grant a partition which will allow you to sell the property but you still have to give him half the proceeds (if there indeed are any).

**perrysplace** · 05-26-2012, 04:35 PM

Quoting flyingron

Hopefully you are also on the title, otherwise you have no right to do anything.

You're going to have to go to court and do that. This will take a concerted effort to find him and then given a few additional steps you can serve him by publication.
You'll then get a judge to grant a partition which will allow you to sell the property but you still have to give him half the proceeds (if there indeed are any).

I am in fact on the title as co borrwer/owner. I have a judgement against him and it is filed on his portion of ownership. its worth 14800 and I doubt we will see that much profit. Have an appt with local atty. on tuesday.