Ex-Boyfriend's Obligation to Loan/Deed?

[patriotam22]

What is the name of your state (only U.S. law)? Pennsylvania

What is the name of your state (only U.S. law)? Pennsylvania

My girlfriend and her ex-boyfriend bought a condo two years ago. Before she and I got together some bad **** happened and he went to jail for 30 days then went back to live with his parents. Though a local bank called Members 1st on the loan for the house both of their names are on it and his name is also on the deed. Since being forced to move out by the court and live with his parents he immediately stopped paying on the loan/mortgage because he doesn’t live here and refuses to pay any money.

Since his name IS on the deed/mortgage when she pays the entire amount of the month he’s still receiving credit for it I would assume since his name is on the loan/deed. My major question is even since he’s not living there is he legally obligated to still pay half since his name is on the mortgage loan and housing deed? By him not paying it isn’t he essentially defaulting on the loan agreement and could it be taken to the next step with a lawyer?

Thanks for any help/insight in advance

[HomeGuru]

Originally Posted by patriotam22

What is the name of your state (only U.S. law)? Pennsylvania

What is the name of your state (only U.S. law)? Pennsylvania

My girlfriend and her ex-boyfriend bought a condo two years ago. Before she and I got together some bad **** happened and he went to jail for 30 days then went back to live with his parents. Though a local bank called Members 1st on the loan for the house both of their names are on it and his name is also on the deed. Since being forced to move out by the court and live with his parents he immediately stopped paying on the loan/mortgage because he doesn’t live here and refuses to pay any money.

Since his name IS on the deed/mortgage when she pays the entire amount of the month he’s still receiving credit for it I would assume since his name is on the loan/deed. My major question is even since he’s not living there is he legally obligated to still pay half since his name is on the mortgage loan and housing deed? By him not paying it isn’t he essentially defaulting on the loan agreement and could it be taken to the next step with a lawyer?

Thanks for any help/insight in advance

**A: your girlfriend needs to sue at this point.

[patriotam22]

Originally Posted by HomeGuru

**A: your girlfriend needs to sue at this point.

Can you elaborate on this?

[HomeGuru]

Originally Posted by patriotam22

Can you elaborate on this?

**A: and what part don't you understand about my response?

[ecmst12]

As far as the bank is concerned, they don't care which borrower writes the check as long as they get paid. Only a court can enforce one person's obligation to the other person on the loan. If she wants to get his name off the deed and he won't sign off on it, that also needs to be decided in court. GF needs a lawyer and he can explain the options and requirements in more detail.

[TheGeekess]

And once again, we see why one should not co-sign a mortgage/lease with a significant other when there is no LEGAL relationship.

[ecmst12]

Even if there IS a legal relationship, extricating joint property when the relationship splits up is messy and has to be argued out in court.

[patriotam22]

Originally Posted by HomeGuru

**A: and what part don't you understand about my response?

Because saying the world "Sue" is a broad generalization. I mean what legal grounds would she be suing on? What's the legality/obligation in this case on his half?

[JustAPal00]

Your girlfriend needs to refinance and get the home in her name. If there is equity, she may need to pay him his share of it. She should have done this when they split. If he is unwilling to sign off, then she should sue him for half of all payments since he moved out.

[Ohiogal]

Originally Posted by JustAPal00

Your girlfriend needs to refinance and get the home in her name. If there is equity, she may need to pay him his share of it. She should have done this when they split. If he is unwilling to sign off, then she should sue him for half of all payments since he moved out.

WRONG. WRONG. WRONG. If she refinances it does nothing to get his name off the deed. HE would have to sign a quit claim deed giving his portion of the house to her. He should not do that as long as he remains on the mrotgage.

He is not responsible for half of all payments since he moved out. Not at all. That is not how mortgages are written. They are each individually and jointly liable for the whole amount. She is apparently living there and getting the benefit of the house. He owes her nothing for it. She cannot sue him for half the of payments. What she might be able to do is when she files a partition suit if he won't allow her to buy him out of the home is to be credited for the amount she fully paid since he was forced out by the court. But even then she should not count on it. He is half owner of the property and is due half the equity in the house.

[HomeGuru]

Originally Posted by patriotam22

Because saying the world "Sue" is a broad generalization. I mean what legal grounds would she be suing on? What's the legality/obligation in this case on his half?

**A: search joint and several liability. Since the mortgagors are joint and severally liable to pay the mortgage, if one party does not ( refuses to pay)pay, the other party has recourse against the non-paying party.
This is pretty much common sense though.

[JustAPal00]

Originally Posted by Ohiogal

WRONG. WRONG. WRONG. If she refinances it does nothing to get his name off the deed. HE would have to sign a quit claim deed giving his portion of the house to her. He should not do that as long as he remains on the mrotgage.

He is not responsible for half of all payments since he moved out. Not at all. That is not how mortgages are written. They are each individually and jointly liable for the whole amount. She is apparently living there and getting the benefit of the house. He owes her nothing for it. She cannot sue him for half the of payments. What she might be able to do is when she files a partition suit if he won't allow her to buy him out of the home is to be credited for the amount she fully paid since he was forced out by the court. But even then she should not count on it. He is half owner of the property and is due half the equity in the house.

WRONG. WRONG. WRONG. WRONG!!!!! Getting his name off the deed does nothing to relieve him of his obligation on the mortgage. When she refinances, she can do both! He is just as liable for the mortgage as she is until his name is off of it, no matter where he lives! AS I STATED PREVIOUSLY, he will need to sign for her to do it. If he refuses I would sue him for his missed portions of the payments! Oh, and if you had read my post you would have seen that I addressed the equity he may have in the home.

[JakeB]

Originally Posted by JustAPal00

WRONG. WRONG. WRONG. WRONG!!!!! Getting his name off the deed does nothing to relieve him of his obligation on the mortgage. When she refinances, she can do both! He is just as liable for the mortgage as she is until his name is off of it, no matter where he lives! AS I STATED PREVIOUSLY, he will need to sign for her to do it. If he refuses I would sue him for his missed portions of the payments! Oh, and if you had read my post you would have seen that I addressed the equity he may have in the home.

This is absolutely correct.

[Ohiogal]

Originally Posted by JustAPal00

WRONG. WRONG. WRONG. WRONG!!!!! Getting his name off the deed does nothing to relieve him of his obligation on the mortgage. When she refinances, she can do both! He is just as liable for the mortgage as she is until his name is off of it, no matter where he lives! AS I STATED PREVIOUSLY, he will need to sign for her to do it. If he refuses I would sue him for his missed portions of the payments! Oh, and if you had read my post you would have seen that I addressed the equity he may have in the home.

Can YOU read what I wrote. He owes her NOTHING at all. He did not have an agreement with HER. He would owe the bank.

[JustAPal00]

Originally Posted by Ohiogal

Can YOU read what I wrote. He owes her NOTHING at all. He did not have an agreement with HER. He would owe the bank.

WRONG. WRONG. WRONG. You're right he would owe the bank. But since he didn't pay the bank and she had to pay for him, she could sue him for his portion. This is very similar to two roomates signing a lease. The LL will go after either or both to get his money. It's between the roomates. They can and quite frequently do sue each other for unpaid portions. Even though they had no written agreement between themselves.