Suing over deliquent mortgage payments

[jyeip]

What is the name of your state? California

Dear Community:

My brother, Robert entered into a verbal agreement with his friend Mike to share mortgage payments on a single-family home purchase. The mortgage and deed to the property are in Robert’s name and while Robert has kept up with the morgage payments, over the course of the last 8 months; Mike has become delinquent on his share of the mortgage payments which now total over $6,000.

Mike’s financial situation has not improved to the point where he will be able to repay the debt, but he does have access to a trust fund on his mother’s side.

What are Robert’s legal rights to sue for the delinquent funds being that there is only a verbal agreement between the two parties and can he evict Mike for non payment? Can he sue the trust fund?

Thanks in advance for any help you can offer!

-Johnny

 

[HUD-1]

Based on your posting, it doesn't sound like Mike has an ownership interest in the property. He is not on title, therefore he is a renter. A renter that does not pay can be evicted. You do not give the speciifcs of the verbal contract.

 

[Zigner]

And, one point to remember - in this state, RE agreements MUST be in writing...

 

[jyeip]

I appreciate you taking the time to answer my post.

The original agreement was that Robert would get the loan for the house and Mike was to share equal morgage payments as his credit was not adequate. Once Mike's credit improved, they were eventually planning on refinancing and getting Mike on the deed.

Obviously, this plan was flawed to begin with, but basically we're just wondering if there is any way that Robert can sue for the deliquent funds. Mike has a trust fund that his mother controls that has plenty of money in it.