My ex-mother-in law co-signed a private loan for me several years ago. I have been making the payments. They are sometimes a few days late but always within the month they are due. She is considering suing me because I will not refinance the loan in my name only. I would refinance the loan, but my credit is so poor that I cannot get a new loan in just my name. I would like to keep the peace in the family but don't want to go to court over this. I do not have any property or savings for her to take in a law suit.
Your ex-MIL would be wasting her time suing you for failure to refinance the loan. The lender is the only party who can agree to refinance in your name only. Your former MIL would in effect be suing you for something you're legally incapable of achieving. She can sue you, however, if you fail to pay, and she pays more than her share to retire the debt.
I agree with the previous answer. I'm sure your ex mother-in-law is frustrated and she regrets co-signing but shoe has little legal recourse to force you in to refinancing...Regards.
In addition to what the others have stated, the first thing your ex mother-in-law would have to prove is that she has suffered some sort of damage as a result of your late payments. Without damages, it is unlikely that she would have any basis, let alone any hope, and prevailing in a lawsuit.
This answer does not create an attorney client relationship and does not constitute legal advice, but is solely the opinion of a Nevada Attorney.
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