In October 2012 our house caught fire. My husband, the primary borrower listed on the account is incarcerated and has been since 2009. I as the "co-borrower" has been making the mortgage payment. We have had the mortgage since 2003. A special escrow account was created to pay the contractors.
My husband has been uncooperative, to say the least with the house fire. He wouldn't sign checks, he wouldn't allow his POA to do so either. I had been POA, which he revoked an gave to his Mother. I finally filed for divorce in 2013 to force his cooperation.
Today I contacted our mortgage holder to find out when the checks to the contractor would be released. I was told that my incarcerated husband sent a letter in January, instructing the Bank not release any funds from the special escrow account except from a court order or if his divorce attorney gave instructions to do so. The bank says they are following these instructions.
I asked if they had anything else but his instructions, such as a court order. I was told no but because he is the primary borrower and I the co-borrower, the bank does what he says.
Basically, I was told because he is listed first on the mortgage, he is considered the primary borrower and has more rights and say-so than me, the co borrower, despite the fact I have been paying on this mortgage by myself, out of my checking account.
Added (1). yes, I have a lawyer and she is researching it. I am asking if anyone knows if my husband has more rights as the primary borrower than I as the co-borrower as far as giving the mortgage holder instructions. This is exactly what US Bank told me.
Read more: In a mortgage does the primary borrower have more rights than the co-borrower?
