If a co-owner signs a mortgage, home equity loan, or refinancing deed using only their name, that encumbrance normally affects only the interest they actually own. However, a mortgage that appears of record against the whole property can create real problems for the other co-owners (title issues, credit risk, difficulty selling, or foreclosure risk). Under Nebraska law you have specific remedies: you can challenge or quiet title, pursue a partition action, demand that the lender produce documents, and—if there was forgery or fraud—pursue criminal charges or a civil action to set the transaction aside.

How co-ownership status matters

Who can bind the property depends on how you own it:

• Tenants in common: Each owner has an undivided fractional interest. One co-tenant can normally mortgage only their own share; the lender’s security is limited to that owner’s interest unless the other owners also signed.
• Joint tenants with right of survivorship: Title form can affect rights at death, but one joint tenant similarly generally cannot encumber another’s interest without their signature.

What actually happens if a co-tenant takes a loan or refinances alone

Possible consequences include:

• The lender records a mortgage or deed of trust showing the whole parcel. If your co-owner signed alone, the lender may have a security interest only in that signer’s share—but the record title can still show the mortgage, clouding title.
• If the lender relied on forged or fraudulent documents (forged signature, false power of attorney), that is fraud. You can ask the court to set aside the mortgage and may have criminal remedies available.
• In practice, most reputable lenders require all owners to sign so the loan is enforceable against the whole property. If you did not sign, you are typically not personally liable to repay the loan, but the lender may try to foreclose on the property if payments stop—putting all owners at risk if the lender claims the mortgage reaches the whole parcel.
• The record mortgage can make it harder to sell or refinance the property later until the cloud on title is resolved.

Remedies under Nebraska procedure and property law

Key actions you can take in Nebraska include:

1. Check the public records. Search your county’s recorder or register of deeds to see what was recorded. This confirms whether a mortgage appears and who signed it.
2. Demand documents from the lender. Ask the lender for copies of the note, mortgage, loan application, and signature pages. If they cannot produce valid documents or a valid signature, that helps your case.
3. File a quiet title or declaratory judgment action. You can ask a Nebraska court to remove a cloud on title and declare your rights to the property. Nebraska courts hear property and title disputes under the civil procedure rules (see Neb. Rev. Stat. Chapter 25 for civil actions and procedure: https://nebraskalegislature.gov/laws/statutes.php?chapter=25 ).
4. Start a partition action. If co-ownership is no longer tenable, you can ask the court to partition the property physically or sell it and divide proceeds. Partition actions are a standard remedy when co-tenants cannot agree (see Nebraska statutes governing partition actions under Chapter 25: https://nebraskalegislature.gov/laws/statutes.php?chapter=25 ).
5. Pursue fraud or forgery claims. If signatures were forged or the transaction involved fraud, you may have civil claims for fraud and may report the matter to law enforcement. Nebraska criminal statutes address forgery and related crimes (see Nebraska criminal statutes under Chapter 28: https://nebraskalegislature.gov/laws/statutes.php?chapter=28 ).
6. Seek an injunction. If a foreclosure is imminent, you can ask the court for temporary relief (an injunction) while you sort out title or fraud issues.

How courts view a mortgage signed by only one co-tenant

Generally, a mortgage signed by only one co-tenant creates a lien against that co-tenant’s share. If the lender reasonably believed that signer had authority to encumber the whole property (for example, because of forged documents or a false representation), the lender may still claim broader rights—so courts look at the facts, signatures, recordings, and whether the lender acted in good faith.

Practical next steps you should take now

• Get a certified copy of the recorded mortgage and any related documents from the county recorder.
• Send a written request to the lender asking for the loan file and signature evidence.
• Talk with a Nebraska real property attorney promptly—especially if a foreclosure notice appears.
• If you suspect forgery, preserve evidence and contact local law enforcement to report the fraud.
• Consider starting a partition or quiet title action to clear title or force a sale if owners cannot agree.

Timing, costs, and realistic outcomes

Litigation to quiet title, set aside a fraudulent mortgage, or partition property can take months to years and involve court costs, attorney fees, and sometimes expert fees (title examiners, forensic document examiners). Courts can order sale of the property, award money damages, or set aside fraudulent instruments. Early legal advice helps limit risk and can sometimes produce faster negotiated solutions (lender rescinds loan, co-owner repays loan, or parties agree to buyout).

Where Nebraska law is relevant

Nebraska statutes govern civil procedure, partition and quiet title actions, property recording, and crimes like forgery. Useful statute collections on state websites include the civil procedure and property chapters of the Nebraska Revised Statutes:

• Civil procedure and actions (partition, quiet title): https://nebraskalegislature.gov/laws/statutes.php?chapter=25
• Real property and recording (mortgages, deeds): https://nebraskalegislature.gov/laws/statutes.php?chapter=76
• Crimes (forgery, fraud): https://nebraskalegislature.gov/laws/statutes.php?chapter=28

Helpful hints

• Act quickly. A recorded mortgage and foreclosure timeline can move fast. Early action preserves remedies.
• Don’t ignore notices. Notices from a lender or county often contain deadlines and instructions; missing them can reduce your options.
• Document everything. Keep copies of mail, emails, title reports, and any communication with the co-owner and lender.
• Check title insurance. If you have title insurance, contact the insurer immediately—your policy may cover certain claims or defenses.
• Consult an attorney with Nebraska real property experience. Property disputes involve state-specific rules and local practice; an attorney can advise on strategy and likely costs.
• Consider mediation. If both co-owners can communicate, mediation or negotiation may produce a faster, less expensive resolution (buyout, refinance with all signatures, or sale agreement).