Need Help! Ex-boyfriend, foreclosure, questions..

[TZNYC]

What is the name of your state? NJ

Hi all, to make a long story shorter, I lived together with my boyfriend. Last year, he was out of work and fell behind on the mortgage, going 4 months into foreclosure after default. He told me what happened, and we did the only thing we could do - I refi'd on as primary (and am on the deed as well) as no one would offer him a mortgage. Of course, Murphy's Law...things went downhill 9 months later and I left, leaving him with a sum of money to pay the quarter's tax bill, with the mortgage current.

I couldn't get him to sign an agreement promising to pay or even agree to refinance me off the mortgage - as he is living in the house - but trusted him to do the right thing and come around to work something out. Nothing.

Now, the lender has called me at my home to tell me the breach letter on the foreclosure (6 unpaid payments!!!) is expiring. They qualified me to be able to pay a grace payment (2 payments) to qualify for a payment plan, and expressed approval to take the house out of foreclosure status if I agree to be responsible for ongoing payments. It is evident at this time that he is refusing to sell, refusing to pay, and refusing to rent out the home.

Question(s): how can I move to resolve this? What do I need to file - a motion for partition? Can I file this myself or must I retain an attorney? Will he be able to fight this, even though he hasn't worked in 8 months/no money in the bank/no other assets/bad credit? Is it possible to evict him from the premises as he is threatening damage to the house if I act further? I'm concerned about the implications going forward should I file and try to handle this.

Bad situation, I know - but I appreciate advice *so* much. I can pay off the arrears, but if I have to pay this large amount, I want him out and will need to sell. I cannot afford my rent/bills and his as well. I do not, obviously, trust him to catch up the arrears, pay me back, or agree to anything going forward.

Thank you all!

[FlyingRon]

You can want him out all you want, but he is one of the owners and it will be hard to get him out. You now realize what a stupid thing it was to commit yourself to the mortgage, you're stuck with it now. You've allowed his bad credit to ruin yours.

If you can't convince him to refinance it himself, you'll have to try to get him to agree to sell it.
If he won't, you can file a partition lawsuit. It won't be quick or cheap, but it may be your only option.