I am on the mortgage with my Brother. He and I have agreed to remove his name and have the mortgage in my name only.

Whether it makes sense or not, they have the legal right to make the rules since they hold the mortgage. When someone cosigns on a mortgage note, they agree to be liable for full payment of the note along with the other cosigner. That, by itself, does not give them any interest in the real estate itself, however, in most states because the mortage just “ties” the debt (which is only the note) to the real estate. Having one’s name on the deed to the land is the only thing that gives a person a legal interest in the land itself in most states. Liability on the mortgage loan, and having an ownership in the land are not the same thing. If someone’s name is on the mortgage loan’s note, the only way to get it off is if the mortgage company or bank allows the cosigner off the loan, or else someone refinances the mortage loan into their own name alone. If someone’s name is on the deed, the easiest way to get it off in most states is to have that person sign over a quit claim deed to whoever is going to end up owning the real estate, presumably the cosigner who would be left on the mortgage note and deed all by themselves. Sometimes that can be done with the consent of the mortgage company or bank but they often don’t go along with it because they usually agreed to make the loan based on the credit of both cosigners. The mortgage company usually controls all the legal rights. If they don’t want to let a cosigner off the mortgage note, then the only way it can happen is by selling the real estate or someone taking out a new loan which pays off the old, cosigned loan entirely. But this could depend on your state law because real estate laws can be very different in the details from state to state. Since these are just the general rules, you really need to talk to a local Real Estate Law attorney who deals with mortgages and notes and refinancing questions like this in your state. Call your local attorney's Bar Association and ask for a referral to a Real Estate Law attorney near you. If this answer was helpful, please give a “Vote Up” review below. Aloha and thanks for asking and good luck. www.AlohaLemonLaw.com