person responsible for paying the mortgage is not paying on time, he dosnt want to put the mortgage on his name nor he wants to sell the house. ,what are my options, should I tell mortgage bank that they should call him and take off my name from mortgage, what are my legalities and rights since deed his on his name and he doesnt return my calls. he is a mortgage officer and he knows everyone in real estate proffession from attorney to agent, I am getting very scarred as I m getting calls every month from mortgage company that my mortgage is due, as he is already one month behind. Month of april alreday shows on my credit report as a late payment. please someone help me with a professional advice. thank you. well, he is an investor not living there (mortgage officer), he is the one approved my loan for this house, his friend find me this house (real estate agent), the house is in NY, and both are in NY . I have nothing to do any thing with NY, I am from NJ, this Mortgage officer is my cousin !!! , initially he told me that you have nothing to do but sign the papers and i will get you good chunk of money in 3-4 months, i dont know what comes to me and i signed the papers. I dont know how can I go about and what to do, initially he forge the papers to approve for loan (he put his address as I am living there in NY, my income level is also showed as 10 times which i make, thats a long story), I didnt take any money from him matter of fact I have paid 3 mortgage payments from my pocket, he promised me orally that he will give me back my money once He sold the house, we didnt have any written contract. It is a 2 family house and both floors are rented. rent is not covering the mortgage. he puts his name on deed, but the mortgage is on my name, i dont know if deed and title are the same papers.

YOU are the person responsible for paying the mortgage if your name is on the mortgage. You made a big mistake taking your name off the property without making sure that the property was not refinanced to take your name off the mortgage. Refinancing by someone else or paying the mortgage in full are the only ways your name can be removed from the mortgage. The mortgage company will not take your name off just because you ask them to do so. Really, your only options are: 1) to prove that you were cheated into giving him the house, which will be hard to prove since you seem to realize that you signed the house over to him. 2)The other option is to file bankruptcy and to discharge all your debts including the house mortgage. 3) Pay off the mortgage yourself to protect your credit rating.