u/Eastern-Top-5366

▲ 1 r/legal

Texas - Co-signer threatening legal action over land foreclosure after I lost my job (1.5 years unemployed.)

(foreclosure has not occured yet but, late payments have)  Back in 2020, I met a girl through Instagram and we hung out a couple of times. She and some friends had recently purchased land in Texas and convinced me it was a good investment opportunity.

The land company had age/marital restrictions at the time. I was 25, single, and apparently did not qualify on my own because they required single buyers to be 35+ or married buyers to be 30+. One of the women in the group (the sister of the girl I originally met) offered to co-sign for me because she met the qualifications. (they were also getting a 2k bonus for everyone they reffered to buy land who did)

I ended up purchasing the land with her as a co-signer. I’ve been paying on it for about 6 years. However, I got laid off over a year ago and my finances completely fell apart. I could no longer keep up with payments and now the property is going into foreclosure.

One detail that may be relevant: during the hardship process, the lender worked directly with me regarding payment extensions/modification options. I specifically asked about paperwork/signatures and was told it was not necessary because management had already approved the extension/hardship arrangement. Neither I nor the co-signer were asked to sign anything related to those extensions/modifications, and the lender still honored them.

Another detail is that during the final notices/foreclosure stage, I filed a complaint with the CFPB because I was having issues getting responses and clarity from the lender. The CFPB later informed me that the lender did not respond to the complaint.

Now the co-signer is threatening legal action against me, contacting my family/friends, and saying she hired an attorney. I also received a voicemail from someone claiming to be her attorney wanting to “schedule a consultation regarding financial concerns.”

Another detail is that the overall sales process felt questionable in hindsight. There were discussions around people qualifying through marriages/arrangements for paperwork purposes and pressure around getting deals closed quickly. I do not have proof of fraud or anything illegal, but the process felt very high-pressure and irregular overall.

My questions are:

  1. In Texas, what can a co-signer realistically sue me for in this situation?
  2. If the property forecloses and sells for less than the balance, can both of us be pursued for the deficiency?
  3. Am I legally required to speak to her attorney?
  4. At what point does contact become harassment if she’s contacting my friends/family repeatedly?
  5. Does the fact that I technically did not meet the original age/marital qualification requirements matter legally at all, or is that irrelevant since the lender approved it with a co-signer?
  6. Could the hardship/extensions being approved without signatures from either of us affect the co-signer’s liability or rights in any way?
  7. Does the lender failing to respond to the CFPB complaint during the foreclosure stage matter legally at all?
  8. If I genuinely do not have assets or income right now, what realistically happens next?

I understand co-signing carries risk and I’m not denying the situation. I’m just trying to understand my legal position and what my options are moving forward. I really hate to have her especially, in this situation but, I can't draw blood out of a rock I don't have it

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u/Eastern-Top-5366 — 8 days ago