quitclaim deed?

[alcalam]

Georgia-

My husband and his best friend bought the house we live in over a year ago , last week are friend decided he was leaving the state and didn't want anything to do with are house anymore, he does not want to pay his share , and he does not want to be on the home loan . we don't want to refi because that will bring are payment up higher. we decided we want to sell the house, but can not get a hold of are friend in any way to at least sign papers.. what else can we do to get him off the paper work ?
He assumes that because he is a co-signer he is not obligated, is there an abandonment law for real estate ? or will a quit claim deed be enough for us to sell the house ?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

[FlyingRon]

Well there are two major pieces of "paperwork."

The deed, can be fixed with a quit claim if he wants to give up interest.
The mortgage really won't be changed unless they bank gets the money back.

He assumes that because he is a co-signer he is not obligated,

Eh, the whole purpose of being a co-signer is to be obligated.

If you can't find him, how are you going to get him to sign a quit claim?

To force things (either to sell the house by partition or to force him off the deed via quiet title) will require a lawyer.

[HomeGuru]

Originally Posted by alcalam

Georgia-

My husband and his best friend bought the house we live in over a year ago , last week are friend decided he was leaving the state and didn't want anything to do with are house anymore, he does not want to pay his share , and he does not want to be on the home loan . we don't want to refi because that will bring are payment up higher. we decided we want to sell the house, but can not get a hold of are friend in any way to at least sign papers.. what else can we do to get him off the paper work ?
He assumes that because he is a co-signer he is not obligated, is there an abandonment law for real estate ? or will a quit claim deed be enough for us to sell the house ?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

**A: when you get ahold of him and he is willing to sign a deed, post back.