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07-15-2007, 09:25 AM
| | Junior Member | | Join Date: Jul 2007
Posts: 12
| | | problem with ex....
What is the name of your state? New Hampshire
My girlfriend struggles with her ex boyfriend not willing to sign off the mortgage and let her have it in her name only. She needs to refinance the mortgage and did make arrangements for this some years ago. He has not made any payments at all on the mortgage, and after he left her 8 yrs ago, changing his address, and moved to another state, he has been totally abscent. This is her family home on family property and she do not want to sell the house.
The payments made since he left 8 yrs ago are roughly $100.000, and all payments are made from her account, in her name. He has not responded to any correspondence, from her, mortgage company or from a lawyer, who was a family friend, and tried to help out as a favor a few years back. She can not afford to hire a lawyer to help her out of this.
Is there any way of signing ex off the mortgage? not fulfilling his responsibility, and not letting her refinance and take over by herself? What could chances be, if she sued him for the $50.000+ expenses, and in addition wanted him removed from the resposibility and rights to the house as he is clearly not a reliable person. She needs to have the refinane done to be able to keep the house.
Last edited by katlover72; 07-15-2007 at 09:32 AM.
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07-15-2007, 09:29 AM
| | Senior Member | | Join Date: Jan 2003
Posts: 17,305
| | | Clarify please:
is he one the title?
Or just the mortgage?
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07-15-2007, 09:53 AM
| | Junior Member | | Join Date: Jul 2007
Posts: 12
| | I am not sure, but it will be easy to find out once I talk to her, is there a difference in her rights and options? I am Norwegian and don't know how US laws and systems work  |
07-15-2007, 12:44 PM
| | Senior Member | | Join Date: Jan 2003
Posts: 17,305
| | | The answer to my question is important. If she alone is on title, she is the full owner and he has no rights to the property, nor any interest. A person can be on the mortgage, but not on title. Or they can be on the mortgage AND on title. She needs to tell us what the case is before we can respond about what she can do as regards the property.
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Adoptive parents ARE "real" parents. Sharing genes is not what makes you a "parent"!
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07-15-2007, 01:26 PM
| | Junior Member | | Join Date: Jul 2007
Posts: 12
| | | thanks for the reply....yes unfortunelately he is on the title too |
07-15-2007, 01:36 PM
| | Junior Member | | Join Date: Jul 2007
Posts: 12
| | | so what should she do...? have a lawyer sue him for the 50.000 and use of those money to pay off the lawyer? is there a way which she can make the mortgage company make half the amount that is paid monthly sent to him, and have him answer to the mortgage company for this? he has no interest in the property, but his new girlfriend is denying him any contact with his past life/committement/ responsibilities. Have a lawyer draw up an either/or deal? either pay off the 50.000+ interests+ expenses, or pay off half of the monthly payments...? This is a HUGE issue here...its get by or not |
07-15-2007, 01:57 PM
| | Senior Member | | Join Date: Jan 2003
Posts: 17,305
| | | The mortgage company doesn't care WHO makes the payments as long as the payments are made. There is no LEGAL obligation (via a contract between he and she) that it be 50/50 for each to pay. They are equally responsible for 100% of the payment. That does NOT mean they are each only responsible for half the payment.
Unless she can come up with some agreement showing he entered into an agreement to pay 50% to her each month, He may NOT owe for past payments. She could have gotten a roommate, moved out and rented it. He is not living there, he doesn't care how she makes the payments.
Has she offered to buy out his interest to get him to agree to deed off his ownership interest? WHY did she add him to title? Or did he BUY it with her?
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Adoptive parents ARE "real" parents. Sharing genes is not what makes you a "parent"!
Last edited by nextwife; 07-15-2007 at 02:00 PM.
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07-16-2007, 07:05 PM
| | Junior Member | | Join Date: Jul 2007
Posts: 12
| | | They bought it together and he has just left her and everything that has to do with her. Now, is there any way of forcing a sale through? if I bought it with her for the exact amount of money thet is left of the mortgage, she would sign it of course, but as long as he dont even reply to mail from a lawyer, its difficlult as far as his agreement on this is concerned. If she quits the payments and the thing goes on a foreclosure, the mortgage company would sell the house to the first offer that covers the debts I guess..? which would be me first thing next morning..? |
07-17-2007, 10:21 PM
| | Senior Member | | Join Date: Oct 2005 Location: Ohio (southwest)
Posts: 2,250
| | Quote:
Originally Posted by katlover72  They bought it together and he has just left her and everything that has to do with her. Now, is there any way of forcing a sale through? if I bought it with her for the exact amount of money thet is left of the mortgage, she would sign it of course, but as long as he dont even reply to mail from a lawyer, its difficlult as far as his agreement on this is concerned. If she quits the payments and the thing goes on a foreclosure, the mortgage company would sell the house to the first offer that covers the debts I guess..? which would be me first thing next morning..? | There are sooo many things you have thought of that are wrong with your scenario.
The house can not be sold w/o both owners approval.
When/if the house is sold, the equity is split 50/50 between the two owners, even if one made all the payments. (This couple was not married, so they do not get the same benefits that a couple would get in a divorce.)
Even if your girlfriend stops making the payments and the house is foreclosed upon, both she and her ex/bf could be held for the balance on the mortage after the foreclosure.
AND . . . when it goes to auction, there's no guarantee you will be the winning bidder! Someone could outbid you!
What should you do? Track down the ex/bf and offer him CASH to turn everything over to your girlfriend.
Last edited by LindaP777; 07-17-2007 at 10:24 PM.
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07-18-2007, 04:45 PM
| | Junior Member | | Join Date: Jul 2007
Posts: 12
| | | Actually...I do understand that the only way she can get out of this with some money back for all she put into this is by having an accident that sets fire to the thing, after all she would get half of the insurance coverage minus her half of the mortgage, this would mean $160,000, minus $60,000 of the remaing on the mortgage= $50,000 in her pocket, a hell of a lot more than what she would get if the house goes on an auction. Or hope for his deathvery very soon, as she has contact with his sister and kids, and they dont want anything to do with the whole thing, and would sign off their rights to it in a sec. |
07-18-2007, 04:55 PM
| | Junior Member | | Join Date: Jul 2007
Posts: 12
| | | and offer him cash...? she has paid $50,000 on his behalf and still cant even get to talk to him or a letter in reply, and I dont think I can outdo that, and I guess since he dont respond to any kind of correspondence they would probably bill her for the whole remaining after a foreclosure too, after all her account has always been available for payments, you said both COULD be held responsible, and as long as it takes for him not to answer a letter I guess they wont bother trying any firther than that one letter. Damn there is no way out of this for her without "stretching" the right way of doing things in life |
07-18-2007, 10:59 PM
| | Senior Member | | Join Date: Oct 2005 Location: Ohio (southwest)
Posts: 2,250
| | Quote:
Originally Posted by katlover72 that sets fire to the thing, after all she would get half of the insurance coverage minus her half of the mortgage, | Ahh yes, prison is always an alternative! |
07-18-2007, 11:06 PM
| | Junior Member | | Join Date: Jul 2007
Posts: 12
| | | he he, its not an alternative at all, but sometimes she feels like he forces her to do something like this |
07-18-2007, 11:15 PM
| | Senior Member | | Join Date: Oct 2005 Location: Ohio (southwest)
Posts: 2,250
| | Quote:
Originally Posted by katlover72 he he, its not an alternative at all, but sometimes she feels like he forces her to do something like this | No one forces anyone to do anything like this. She has freewill. She made the choice to buy real estate with a looser she was not married to and now the penalty has to be paid.
It may not be helpful, but the easiest answer lies with him. Better start communicating with him, and money speaks loud and clear. The only other choice is a partition lawsuit - which takes years and costs a lot of money (thousands).
In a foreclosure, the bank will come after the most likely person to recoup their money and it sounds like it will be her. If that happens, she in turn can sue him for 1/2. Wouldn't it be better to offer him cash to sell out of his half of the house now? It may not seem fair, but it's the best solution.
Your g/f might have made $50k in payments, but she also got use of the house. If she didn't make these house payments, she would have been paying rent somewhere.  |
07-19-2007, 08:26 AM
| | Senior Member | | Join Date: Oct 2006
Posts: 1,125
| | | Boy you sure are interested in this property yourself. Hopefully gf will have learned a few lessons when this is over and have nothing to do with putting the property in yet another person's name with which she has no legal relationship.
Unless this property is a real flop you would be foolish to think you would be the only one on the courthouse steps placing a low ball bid. | |
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