+ Reply to Thread
Page 1 of 2 12 LastLast
Results 1 to 15 of 16
  1. #1
    odinoka is offline Junior Member
    Join Date
    Mar 2011
    Posts
    3

    Can my ex-boyfriend to make me to refinance

    What is the name of your state (only U.S. law)?
    Virginia.
    I bought a house with my boyfriend in July of 2010.
    We split up.
    In December he signed a quitclaim to me.
    I paid him $6,000 at the time of signing.
    I did not refinance yet.
    He insist that I must to refinance to remove his name out of the mortgage or he will sue me for it.Can he sue me or make me to refinance?
    We did not sign any other contracts.I just asked him to signed Quitclaim that house could be mine and I could refinance it in the future time.
    Thank you
  2. #2
    CreativeBlock is offline Member
    Join Date
    Dec 2010
    Posts
    698
    Quote Originally Posted by odinoka View Post
    What is the name of your state (only U.S. law)?
    Virginia.
    I bought a house with my boyfriend in July of 2010.
    We split up.
    In December he signed a quitclaim to me.
    I paid him $6,000 at the time of signing.
    I did not refinance yet.
    He insist that I must to refinance to remove his name out of the mortgage or he will sue me for it.Can he sue me or make me to refinance?
    We did not sign any other contracts.I just asked him to signed Quitclaim that house could be mine and I could refinance it in the future time.
    Thank you
    Unless the home is worth less than $12K, you got a wonderful deal and it seems to me that refi-ing is a small price to pay.

    Is there a reason why you're unwilling to refinance?

    Part of the problem is that if you don't refinance into your name only, any late payments you might make on the property will be reflected on HIS credit reports, too. And for that, he can certainly sue you.
  3. #3
    ecmst12 is offline Senior Member
    Join Date
    Feb 2006
    Location
    Philadelphia, PA
    Posts
    35,575
    You are tying up HIS credit in YOUR house. You need to refinance ASAP. What if he wants to buy another house? And how dare you ask him to sign a quit claim when he was still obligated to pay the mortgage? Stupid of him to sign it, but you should never have asked. Refinance immediately or sell the house.
  4. #4
    odinoka is offline Junior Member
    Join Date
    Mar 2011
    Posts
    3

    Mortgage

    I am paying mortgage in FULL from day one.
    I put down payment and closing cost.
    I never late on the mortgage.
    I was not smart to buy a house this way,but I really wanted to build a family.
    How dare you are to judge without knowing details?
    I just started a new job and it is not a good time to refinance.
  5. #5
    CreativeBlock is offline Member
    Join Date
    Dec 2010
    Posts
    698
    Quote Originally Posted by odinoka View Post
    I am paying mortgage in FULL from day one.
    I put down payment and closing cost.
    That's lovely, but the fact remains that you're tying up HIS credit with YOUR house.

    If you're so independent, why don't you just ... I don't know ... REFI all on your lonesome?!

    Until you refinance as you AGREED to, he cannot buy another home. Or, at least, if he can, it will be at a higher rate and more difficult (depending on his DTI) to get approved.

    I never late on the mortgage.
    Again, that's lovely, but you're still risking HIS credit.

    I was not smart to buy a house this way,but I really wanted to build a family.
    Actually, your ex wasn't smart. He signed over the QCD before you actually refinanced.

    How dare you are to judge without knowing details?
    Because the details are irrelevant. YOU are risking HIS credit. YOU are reneging. He trusted you and you failed to perform.

    YOU are the one in the wrong here.

    I just started a new job and it is not a good time to refinance.
    And that's his problem, how?!?!

    If it's a matter of not being able to refi at this time, that's one thing. But just willfully not giving a rat's patootie about his credit? That's disgusting. And you deserved to be judged.

    Crap happens. What if you lose your job and can no longer pay the mortgage? HIS credit, after giving you the benefit of the doubt and signing over the QCD, is what will suffer. You do NOT have that right.

    And BTW, I believe (I could be wrong) that he CAN sue you to force a sale of the house. And I do believe that he can "take back" his QCD. Especially if he can prove non-performance on your part.

    And if he CAN (unless you simply CAN'T refi at this time), I hope he does.
  6. #6
    odinoka is offline Junior Member
    Join Date
    Mar 2011
    Posts
    3
    I never agreed to refinance.
    I do not have any knowledge and competence to give a legal advice,so please,do not reply to my post.
  7. #7
    Antigone* is offline Senior Member
    Join Date
    Dec 2007
    Location
    In honor of JetX ~ Somnambulist University
    Posts
    21,220
    Quote Originally Posted by odinoka View Post
    I never agreed to refinance.
    I do not have any knowledge and competence to give a legal advice,so please,do not reply to my post.
    So, are you upside down in the house?
  8. #8
    cyjeff is offline Senior Member
    Join Date
    Sep 2008
    Posts
    8,560
    Quote Originally Posted by odinoka View Post
    I never agreed to refinance.
    I do not have any knowledge and competence to give a legal advice,so please,do not reply to my post.
    The problem is that it is the correct legal advice.

    You are tying up his credit.

    Put the shoe on the other foot. How would you feel about not being able to get a house for the next 30 years because your ex wouldn't refinance?

    Me, I would look into suing you as well.
  9. #9
    latigo is offline Senior Member
    Join Date
    Apr 2009
    Posts
    3,743
    Quote Originally Posted by odinoka View Post
    What is the name of your state (only U.S. law)?
    Virginia.
    I bought a house with my boyfriend in July of 2010.
    We split up.
    In December he signed a quitclaim to me.
    I paid him $6,000 at the time of signing.
    I did not refinance yet.
    He insist that I must to refinance to remove his name out of the mortgage or he will sue me for it.Can he sue me or make me to refinance?
    We did not sign any other contracts.I just asked him to signed Quitclaim that house could be mine and I could refinance it in the future time.
    Thank you

    What do you mean when you write: "I did not refinance yet”?

    Does it mean that one of the conditions attached to quitclaiming his interest was your agreement to refinance the existing mortgage loan in your sole name so that he would be off of the hook? And you just haven’t got around to doing it YET!

    And why would he quitclaim over unless there was that clear understanding?

    Plus his being aware that as long as his name is on that home mortgage he won’t be able to obtain a similar loan and will have to pay rent for the next 20 years or so.

    Also, why do you draw special attention to “no other contracts were signed"? So far you haven't mentioned signing anything, except the check for $6K.

    To me it suggests that your thinking is that if he cannot produce something with your name on it, then he has no legal grounds to take you to court over this refinancing business.

    But I wouldn’t get too complacent with that notion.

    Because when you add it all up, he may not need your signature on anything and the least he should be able to end up with in court is to unwind the whole business back to square one.

    Meaning he forks over the $6K and you to re-convey his equal undivided ownership in the home.

    Then he will be in position to either have you agree to put the home on the open market or take you to back to court and have the judge order that it be sold at a public auction.
  10. #10
    CreativeBlock is offline Member
    Join Date
    Dec 2010
    Posts
    698
    Quote Originally Posted by odinoka View Post
    I did not refinance yet.

    I just asked him to signed Quitclaim that house could be mine and I could refinance it in the future time.
    Sounds an awful lot like you DID agree to refi.

    Personally, he CAN and I hope he DOES sue you to either re-convey the deed or force you to sell the home.

    And while that may not be advice, per se, it is a legal FACT that he can do so.

    But if you're willing to be sued over the matter and forced to sell the home (considering today's market, most likely at a LOSS), then that's your right.

    Given the options of either refinancing or being forced to sell the home, which do you prefer?
  11. #11
    anteater is offline Senior Member
    Join Date
    Sep 2004
    Posts
    6,036
    Quote Originally Posted by latigo View Post
    And why would he quitclaim over unless there was that clear understanding?
    Because he is dumber than a box of rocks?
  12. #12
    cyjeff is offline Senior Member
    Join Date
    Sep 2008
    Posts
    8,560
    Here's the really fun part to explain in court....

    What if he says he never got any money from you? What will you say... and then explain what the money was for?

    Because if you weren't buying him out, what was the money supposed to be for?

    If you say a gift, then he thanks you and starts to sell his half of the house.

    Isn't it fun when you play these little games because you don't want to accept responsibility?
  13. #13
    CreativeBlock is offline Member
    Join Date
    Dec 2010
    Posts
    698
    Quote Originally Posted by cyjeff View Post
    Here's the really fun part to explain in court....

    What if he says he never got any money from you? What will you say... and then explain what the money was for?

    Because if you weren't buying him out, what was the money supposed to be for?

    If you say a gift, then he thanks you and starts to sell his half of the house.

    Isn't it fun when you play these little games because you don't want to accept responsibility?
    OMG, you're amazing. Really.

    Wouldn't you give your left arm to be a fly on the wall in THAT courtroom??!!
  14. #14
    cyjeff is offline Senior Member
    Join Date
    Sep 2008
    Posts
    8,560
    Folks need to realize that judges are pretty smart people... by and large.

    Can't have it both ways... the six grand was either to buy out his equity which means she needs to refinance or the six grand was a gift and he still has the authority over the asset.
  15. #15
    CreativeBlock is offline Member
    Join Date
    Dec 2010
    Posts
    698
    Quote Originally Posted by cyjeff View Post
    Can't have it both ways... the six grand was either to buy out his equity which means she needs to refinance or the six grand was a gift and he still has the authority over the asset.
    I'll wager $100 that she STILL doesn't get it.

Similar Threads

  1. mom and boyfriend broke up, can he make her leave without an eviction notice?
    By greengoddess in forum Landlord / Tenant Issues
    Replies: 3
    Last Post: 09-30-2009, 07:42 AM
  2. boyfriend make medical decisions
    By curlyerin in forum Marriage, Domestic Partnerships and Other Family Law Matters
    Replies: 2
    Last Post: 02-06-2006, 11:35 AM
  3. can my ex make me refinance (part 2)
    By stockmom in forum Divorce, Separation & Annulment
    Replies: 1
    Last Post: 11-07-2005, 05:01 PM
  4. restraining order to make boyfriend look good in his case
    By alicia2001 in forum Domestic Violence & Abuse
    Replies: 1
    Last Post: 07-14-2001, 09:33 PM
  5. Co-Signer on my house is trying to make me sell or refinance
    By RochelleGonzalez in forum Other Real Estate Law Questions
    Replies: 3
    Last Post: 06-22-2000, 11:43 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.