Texasdo I have to sign?

[noszler]

Texas

I am a co-signer on my mothers mortgage, she has made my life horrible for the last 20 years since I got married and my son was born. She is now demanding I sign the morgage papers giving her the ok to sell the house and that I will receive nothing in return. For as much stuff as she has put my family through, and now starting it with my son and his bride to be, is there anything that she can do to make me sign the papers? She has already threatened me with the possibility of a la suit.

Thanks,

noszler

 

[Meursault]

Are you on the deed also? What is the document she wants you to sign?

 

[noszler]

Yes, I am on the deed, and the paper I do not have yet.

 

[Meursault]

Then momma just might be in for a shock. Come back when you receive the 'document' and let us know what it says EXACTLY.

 

[JETX]

"For as much stuff as she has put my family through, and now starting it with my son and his bride to be"
*** Those issues, though emotional, have absolutely NO relevance to this issue.

"is there anything that she can do to make me sign the papers?"
*** Yes. She can file a 'partition lawsuit' and if successful, the court will order you to sign.

 

[Meursault]

Yes. She can file a 'partition lawsuit' and if successful, the court will order you to sign.

Well damn, there goes my Surprise

 

[Meursault]

She is now demanding I sign the morgage papers giving her the ok to sell the house and that I will receive nothing in return.

Just to clarify my response for Noszler, the reason I have been asking what type of document she wants you to sign is because of the above quote from your original post.

As Jet said, she can file a partition suit. That would require the property be either divided or sold. HOWEVER, mom will be surprised to know that if she does, you will receive your ownership interest in the property as well.

Therefore, depending on the document she is asking you to sign, you are the one with the power here if she doesn't want you to gain from the sale.

DO NOT SIGN ANYTHING.

If mom wants to partition, or, for that matter, if YOU want to partition and force the sale, that is the right of each and every owner of the property. And since you are also on the deed, you can proceed with a partition without 'permission' of dear old mommy.

 

[noszler]

The name of the document is "Quitclaim Deed". Anything to worry about? Also, should I wait for her to partition, or should I go ahead nad partition it myself?

 

[Meursault]

Tell momma to PISS OFF!

Now for the fun. IF you want momma out of your hair you have a few options. The MOST fun is to write her a certified (RRR) letter (enclose the quit claim) telling her that you will be happy to sign the deed at an attorney's office upon receipt of 50% of the current appraised value (appraisal to be paid for by her).

OR, you can file for Partition for Sale with costs taxed to defendant. You'll want to speak with an attorney for this option.

OR, if you want to drive momma absolutely nuts, do nothing. Just send the Quit Claim back with a note "No Thanks".

 

[HomeGuru]

Texas

I am a co-signer on my mothers mortgage, she has made my life horrible for the last 20 years since I got married and my son was born. She is now demanding I sign the morgage papers giving her the ok to sell the house and that I will receive nothing in return.
noszler

**A: for clarification purposes, it is the deed that is the subject topic and not the mortgage papers, since the mortgage has already been signed and does nothing to change the title. The writer has confused mortgage with deed.

 

[Meursault]

yep, sure has. That's why I asked her specifically what the paper was that she was supposed to sign.

Ain't momma going to be surprised