Justin7525
Junior Member
What is the name of your state (only U.S. law)? California
Ok so here is an update.
Summary. A co-owner of an condo is not paying anything toward mortgage, taxes, insurance on the property. He also is refusing to leave the property or quitclaim his deed. Mortgage was placed under one person, at some time later the now co-owner was granted 1/10th title of the house. (This was a very idiotic thing the primary owner did, I know)
He was served a letter of settlement on his 1/10th. He hasn't since responded to the letter. The letter also served as a notice of eviction.
We are taking him to court. At this point, we are told it would be much like a partition lawsuit. Except in this case we will be buying his "granted" share back. Due to his lack of financial responsibility and our payment of it we can sue for what we payed for him, which if is larger than his share, (and holy crap is it) we can force him to quit claim it. Thats about as lamen as I can put it. The lawyers also said if presented right he could end up owing us money.
Looks good so far. At this point, any advice from you guys would be great. What should I be looking for my lawyer to say, ask, do? Should I watch for anything? Is it possible to refinance the mortgage to force him off the 1/10th title? The mortage is only in the primary owners. I am asking you the experts. Thanks in advance.
Ok so here is an update.
Summary. A co-owner of an condo is not paying anything toward mortgage, taxes, insurance on the property. He also is refusing to leave the property or quitclaim his deed. Mortgage was placed under one person, at some time later the now co-owner was granted 1/10th title of the house. (This was a very idiotic thing the primary owner did, I know)
He was served a letter of settlement on his 1/10th. He hasn't since responded to the letter. The letter also served as a notice of eviction.
We are taking him to court. At this point, we are told it would be much like a partition lawsuit. Except in this case we will be buying his "granted" share back. Due to his lack of financial responsibility and our payment of it we can sue for what we payed for him, which if is larger than his share, (and holy crap is it) we can force him to quit claim it. Thats about as lamen as I can put it. The lawyers also said if presented right he could end up owing us money.
Looks good so far. At this point, any advice from you guys would be great. What should I be looking for my lawyer to say, ask, do? Should I watch for anything? Is it possible to refinance the mortgage to force him off the 1/10th title? The mortage is only in the primary owners. I am asking you the experts. Thanks in advance.