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  #1  
Old 04-26-2004, 08:07 PM
Wingman
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Angry

No longer living in the house but my name is still on the mortgage.


What is the name of your state? California

This may be a long story so please bear with me. My last girlfriend and I bought a house together back in '98. Yes, I know, other people told me not to do it. Love is blind, remember? She had the good credit, I had the down payment. Needless to say, the relationship soured. I was asked to leave in July, '01. She could afford the place on her own. All I wanted out of the deal was my down payment. I received this with the stipulation that I sign an agreement saying that I will make no claims against the property in the future. This was signed by my ex, her dad and me. It was not witnessed nor was it notarized. I moved home to NY. She called after a while saying she missed me. Since I hated NY and my situation there, I moved back in. She was trying to refinance the place on her own, but the foreclosure on her previous mobile home prevented this. The relationship was friendly and platonic. Things started going badly yet again. Yes, I am thick headed I suppose. I moved across town last October. My name is still on this property to this day. We do not speak and, frankly, I feel screwed. The least thing I'd like done is to remove my name from the mortgage and property. In speaking with friends, they believe I should make a claim against her since the house has gained equity and I still am on the mortgage! Do I have any legal recourse in this? Thanks in advance for your help.
  #2  
Old 04-26-2004, 08:58 PM
krispenstpeter
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And what about get thee to a real estate attorney like yesterday don't you understand? We don't have the agreement you signed and can't offer an opinion as to it's validity.
  #3  
Old 04-26-2004, 10:37 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781

Re: No longer living in the house but my name is still on the mortgage.


Quote:
Originally posted by Wingman
What is the name of your state? California

This may be a long story so please bear with me. My last girlfriend and I bought a house together back in '98. Yes, I know, other people told me not to do it. Love is blind, remember? She had the good credit, I had the down payment. Needless to say, the relationship soured. I was asked to leave in July, '01. She could afford the place on her own. All I wanted out of the deal was my down payment. I received this with the stipulation that I sign an agreement saying that I will make no claims against the property in the future. This was signed by my ex, her dad and me. It was not witnessed nor was it notarized. I moved home to NY. She called after a while saying she missed me. Since I hated NY and my situation there, I moved back in. She was trying to refinance the place on her own, but the foreclosure on her previous mobile home prevented this. The relationship was friendly and platonic. Things started going badly yet again. Yes, I am thick headed I suppose. I moved across town last October. My name is still on this property to this day. We do not speak and, frankly, I feel screwed. The least thing I'd like done is to remove my name from the mortgage and property. In speaking with friends, they believe I should make a claim against her since the house has gained equity and I still am on the mortgage! Do I have any legal recourse in this? Thanks in advance for your help.
**A: one word- partition.
  #4  
Old 04-26-2004, 11:11 PM
Wingman
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Question

Homeguru: I don't understand your answer. Please clarify.
  #5  
Old 04-28-2004, 12:06 AM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by Wingman
Homeguru: I don't understand your answer. Please clarify.

**A: please use the search feature of this website using partition as the search word. Thanks.
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