How can a co-signer get taken off mortgage? Do we sue?

[Calcats]

What is the name of your state?What is the name of your state? California
How does a person get their name removed as co-signer of a mortgage? Can the other party be sued to force a mortgage re-finance?
10 years ago, my husband co-signed a loan with an ex-girlfriend. Unfortunately, he signed a quit-claim on the house when they broke up 5 years ago so he has no legal claim to the property, just a nasty credit problem.
We have been married 3 years, and would like to refinance the house we have now and open a HELOC. Our lender turned us down, because my husband is still considered responsible for the loan on his girlfriend's house although he hasn't lived there or made payments in 5 years. She could refinance and reduce her monthly payments by several hundred dollars, but she refuses to do so and is very hostile. Is there a way to force her to do so, and therefore take her claws out of him once and for all? She refuses to be reasonable, and I can't wait 20 years for the loan to be paid off. What recourse do we have? By the way, when he signed the quit-claim, he received no re-imbursement for his share of the house. It was with the understanding that she would re-fi and release him from any liability, which she did not.

Originally Posted by Calcats

How does a person get their name removed as co-signer of a mortgage? Can the other party be sued to force a mortgage re-finance?
...What recourse do we have? By the way, when he signed the quit-claim, he received no re-imbursement for his share of the house. It was with the understanding that she would re-fi and release him from any liability, which she did not.

The term "co-signer" should be banished from the English language.

Your husband signed the note and is just as responsible for the debt as the ex-girlfriend. If she stops paying on the note, the lender could come after him if it decided that he had more money than the ex-girlfriend.

Anyway, here are the answers to your questions:

"How does a person get their name removed as co-signer of a mortgage?" By paying off the mortgage.

"Can the other party be sued to force a mortgage re-finance?" No. (Upon what grounds would you base your suit?)

"By the way, when he signed the quit-claim, he received no re-imbursement for his share of the house. It was with the understanding that she would re-fi and release him from any liability, which she did not."

"What recourse do we have?" Depending upon how long ago your husband quit claimed the real estate (there may be a statute of limitations problem), he could sue her, claiming fraud in inducing him to execute the deed. He acted to his detriment and has suffered a loss by relying on what she told him (if you can prove that in court).

Get a real estate lawyer in the county where the real estate is located.

[Calcats]

I guess we're stuck, then. Unfortunately, my husband didn't get anything in writing that she would re-fi when he signed the quit-claim. He is much too trusting! Would a court be likely to see that he had nothing to gain by signing this except the hope of an amicable break? Why would anyone sign away their legal right to thousands of dollars unless they were asking to be released from a financial obligation?
Since this house is in Anaheim, California and real estate prices have soared, it is worth about a half-million now. I suppose a partition petition would only be applicable if he was still on the deed. He also had a joint checking account with her when they were together. When she realized he hadn't gotten around to removing her name from that (two years after they split up)she quickly cleaned it out... about $1,200. We are not dealing with a nice person.
Does my husband have any rights at all? I suppose talking to the lender would also be an exercise in futility. It's very easy to get in this situation, tougher to get out... much like marriage!
Thank you for your response, I would welcome any ideas at all here.

Please re-read the post I sent yesterday. It has the answers to your questions in there. Thank you.