Please Help!

[temple]

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I am in Texas. If you own a home (on both deed and mtg) with someone you never married, and they file ch 7 bk, listing the home as a homestead, making it exempt, and you as a creditor, and they are discharged.....if they move out shortly after their filing and now sue 4 years after abandoning and making no payments on the home....BUT still claiming the mortgage interest as a deduction on their taxes each year (and yes, I have turned him into the IRS each year) they sue you for partition of the property......

Does their 1/2 of the payments they have not been making get subtracted from their equity? I am the person still in the house and have been keeping the payments current since the debtor left, and he is now sueing for partition on a debt he no longer has any responsibility for.

Is letting the home go into forclosure the only leverage I have in getting him to pay anything? (under the assumption it would be used as leverage for him to pay to bring it out of foreclosure in order to be able to obtain his half of the equity he is sueing me for)

Note that over the past four years he has kept me trapped, unwilling to sign off on the sale or rental or refi of the home, even though, through my atty, I have offered to pay him for the amount he put down on the house in an effort to buy him out.

What happens now and how can I keep the house?

 

[FarmerJ]

Add up the payments you made alone as well as the taxes and ins and go back to your atty with a new offer AFTER you learn what your county says its worth for property tax purposes compared to a real estate agents market evaluation amount . Yes he can sue for partition because he didnt care for the offer you made the first time around. Hard to say now local real estate markets have changed alot.

 

[HomeGuru]

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I am in Texas. If you own a home (on both deed and mtg) with someone you never married, and they file ch 7 bk, listing the home as a homestead, making it exempt, and you as a creditor, and they are discharged.....if they move out shortly after their filing and now sue 4 years after abandoning and making no payments on the home....BUT still claiming the mortgage interest as a deduction on their taxes each year (and yes, I have turned him into the IRS each year) they sue you for partition of the property......

Does their 1/2 of the payments they have not been making get subtracted from their equity? I am the person still in the house and have been keeping the payments current since the debtor left, and he is now sueing for partition on a debt he no longer has any responsibility for.

Is letting the home go into forclosure the only leverage I have in getting him to pay anything? (under the assumption it would be used as leverage for him to pay to bring it out of foreclosure in order to be able to obtain his half of the equity he is sueing me for)

Note that over the past four years he has kept me trapped, unwilling to sign off on the sale or rental or refi of the home, even though, through my atty, I have offered to pay him for the amount he put down on the house in an effort to buy him out.

What happens now and how can I keep the house?

**A: first off you would make a claim to the property in BK. Next you would reaffirm the mortgage if you are in default. Anyway, why is your attorney not advising you of these things?

 

[temple]

I have been through three attys in the past four years just trying to get through this....although the mtg co acknowledges his bk and his discharge, and are aware of the fact he has not made any financial contribution to the mortgage, taxes or insurance since his filing, they refuse to allow an assumption (not in the terms of the original mtg), or to remove him from the mortgage or for a refi in my name without him signing off on it. I have offered him even more than he has asked for to buy him out...he has refused all offers (there have been many).
Believe me, he is not suffering in any way, as the week he left, his income went from 30k to 50k and he now lives in a new 3500sqft custom home on acreage. When he did that, I felt maybe he would finally let us go our own ways, as he is living with another woman now. But he has refused to let me out of this house...wont sign off on a sale, rental or refi. Then, after four years of this, he sues me for partition of this house.
Do I have any recourse at all?

 

[nextwife]

What about refinancing in your name alone?

 

[temple]

In order to refi in my name alone, the other owner must sign off on it. I know that in any other situation, I would never want to take someone off the mortgage, while leaving them remaining on the deed. However, in this situation, the other owner has been discharged from the debt of the mortgage in ch7 bk, so do not see how I would have anything to lose in doing so.

BUT, the other owner, although discahrged from the debt, will not sign off on a refi in my name only.

 

[HomeGuru]

I have been through three attys in the past four years just trying to get through this....although the mtg co acknowledges his bk and his discharge, and are aware of the fact he has not made any financial contribution to the mortgage, taxes or insurance since his filing, they refuse to allow an assumption (not in the terms of the original mtg), or to remove him from the mortgage or for a refi in my name without him signing off on it. I have offered him even more than he has asked for to buy him out...he has refused all offers (there have been many).
Believe me, he is not suffering in any way, as the week he left, his income went from 30k to 50k and he now lives in a new 3500sqft custom home on acreage. When he did that, I felt maybe he would finally let us go our own ways, as he is living with another woman now. But he has refused to let me out of this house...wont sign off on a sale, rental or refi. Then, after four years of this, he sues me for partition of this house.
Do I have any recourse at all?

**A: yes, hire an attorney. And find the right one this time.