Ex boyfriend won’t sign quit claim deed without payment

[Zigner]

I repeat, if Mom is expected to pay out $XXX to get your old BF off the deed, then you might be wise to insist upon exactly the same amount of go away money.

The OP isn't going to do that. Furthermore, this website doesn't generally condone advising visitors to breach their contract.

 

[Litigator22]

The . . . alternative . . . . is to quit paying on the house and let it go to foreclosure. That will trash your BF's credit for many years to come. Tell him that.

Might the "trash" factor be your unwarranted assumption that the ex-boyfriend is indebted to the holder of the mortgage note?

 

[Just Blue]

Then she certainly can afford the cost of a "partition action" that would be necessary to sell the house without your BF's signature.

The obvious alternative to a short sale is to quit paying on the house and let it go to foreclosure.

That will trash your BF's credit for many years to come. Tell him that.

The only credit to be trashed is OP's mom. She has the mortgage just in her name and has gifted the property over to OP and her ex. BF has nothing to lose by insisting he be paid for the property that he has co- owned and not had access to for years.

 

[Zigner]

The OP and the ex-boyfriend may be included in any foreclosure proceedings due to their ownership interest.

 

[HRZ]

So far there is nothing posted about either young person having any sort of contract with anybody to pay or anything about any enforcement of same if it does exist.

And if Mom sat there doing nothing for about 10 years she is a candidate for the sap of year award. .

In a contest of being on low road as to " Golden Rule " I think both daughter and her BF share equal status.

 

[PayrollHRGuy]

Then she certainly can afford the cost of a "partition action" that would be necessary to sell the house without your BF's signature.

I think you meant "can't".

 

[Just Blue]

The OP and the ex-boyfriend may be included in any foreclosure proceedings due to their ownership interest.

Does that include a hit to the credit or just notification of foreclosure?

 

[Zigner]

So far there is nothing posted about either young person having any sort of contract with anybody to pay or anything about any enforcement of same if it does exist.

Actually there was - the property was gifted to them.

 

[PayrollHRGuy]

I repeat, if Mom is expected to pay out $XXX to get your old BF off the deed, then you might be wise to insist upon exactly the same amount of go away money.

That is just wrong.

 

[Zigner]

Does that include a hit to the credit or just notification of foreclosure?

Depending on the outcome of the proceedings, a judgment against them may affect their credit, yes.

 

[HRZ]

Mom may have gifted the property to kids but so far there is nothing to support that the mortgage obligation was restructured to be in kids names and oral deals about same may be problematic under the statute of frauds....Mom used incredibly bad judgement and failed to take prudent action long aga. .

 

[Zigner]

Mom may have gifted the property to kids but so far there is nothing to support that the mortgage obligation was restructured to be in kids names and oral deals about same may be problematic under the statute of frauds....Mom used incredibly bad judgement and failed to take prudent action long aga. .

You don't get what I'm saying (I'm actually agreeing with you). The property was gifted to them. The implication of a gift is that they don't have to pay for it.

 

[HRZ]

I think there may be a NON legal moral high road point that the OP/ daughter should step up to the plate and out of her personal pocket she should pay off her EX in return for a quit claim deed signed by him.

 

[Just Blue]

I think there may be a NON legal moral high road point that the OP/ daughter should step up to the plate and out of her personal pocket she should pay off her EX in return for a quit claim deed signed by him.

I don't disagree but LEGALLY she doesn't have to.

 

[Zigner]

I agree from the "hey, this is my mom" viewpoint, but other than that, I don't even agree that there is a moral obligation for the OP to do that.