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:
- In Texas, what can a co-signer realistically sue me for in this situation?
- If the property forecloses and sells for less than the balance, can both of us be pursued for the deficiency?
- Am I legally required to speak to her attorney?
- At what point does contact become harassment if she’s contacting my friends/family repeatedly?
- 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?
- Could the hardship/extensions being approved without signatures from either of us affect the co-signer’s liability or rights in any way?
- Does the lender failing to respond to the CFPB complaint during the foreclosure stage matter legally at all?
- 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