Home arrow Mortgage Forums arrow Mortgage Problems and Solutions arrow

Can I remove a deadbeat bro from a California home title?

Author Message
D in Florida

Guest







Post Posted: Tue Jun 15, 2010 1:28 pm    Post subject: Can I remove a deadbeat bro from a California home title?
Like 0
Dislike 0

Background: I added my brother to the title of my home using a quick claim deed under pressure from my terminally ill mother 3 years ago under the agreement that he would make the mortgage payments. I was about to be mobilized in the Army reserve out of state. I made the monthly payments for the home even though I lived and paid rent in FLorida where I was assigned. The mortgage is in my name alone through the Mortgage Company. I made full payments from 2007until Jan 2010 under the agreement that he would assume full responsibility to pay in 2010. I could no longer take care of his family and mine. I believed in earnest that he was making the payments until I was contacted by the lender that the mortgage was delinquent and threatening foreclosure. In the last two weeks I have paid more than $ 4,394 causing hardship to my family.
_________________
Need help choosing the right loan? Get free consultation from community lenders/consultant
Icon Mini Profile jameshogg
jameshogg




Joined: 20 Dec 2005

Posts: 10460
Location: Nevada
987.57 Dollars($)
Post Posted: Tue Jun 15, 2010 8:15 pm    Post subject:
Like 0
Dislike 0

Hi Guest,

Unless your brother signs a quit claim deed and transfers the property back to you, he would be considered as the owner of the property. You cannot forcefully remove your brother from the property deed.

Thanks
z2447

Guest







Post Posted: Sun Jul 17, 2011 2:24 pm    Post subject: I have a Deadbeat Brother also ?
Like 0
Dislike 0

I am the coborrower of the Mortgage on our house with my Mother the borrower. My Brother is only on the Quick Claim Deed, and he doesnt work or pay taxes. He lives in the house with me and doesnt contribute nothing, and feels he can live for free, with the rooms we rent for extra income,He takes this and spends it on himself after the mortgage is paid.Recently I did get a Mortgage Modification and the Mortgage is in my name only. Can I force my Brother out of the house, until I decided to sell or what ?
Icon Mini Profile jameshogg
jameshogg




Joined: 20 Dec 2005

Posts: 10460
Location: Nevada
987.57 Dollars($)
Post Posted: Sun Jul 17, 2011 11:58 pm    Post subject:
Like 0
Dislike 0

Hi Guest,

If your brother's name is mentioned on the mortgage docs, then you won't be able to force him to leave the property. He is one the owners of the property and has the rights to stay there.

Thanks
Icon Mini Profile gmakerley
gmakerley
Community Mentor
Community Mentor

best lender badge

Joined: 09 Nov 2007

Posts: 12376
Location: bloomfield, ct
58.49 Dollars($)
Post Posted: Tue Jul 19, 2011 7:50 am    Post subject:
Like 0
Dislike 0

You're always going to be able to use the courts system to "force" your brother to leave. I don't suggest that anyone sue his brother, of course. Family ties that are broken are generally never mended later.
_________________
George M. Akerley
Mortgage Underwriter/Consultant
Word of Excellence- Writing/Editing/Proofreading
860-221-5044
Quick Reply
Your Name
Subject
Image Verification


Can't read the image? click here to refresh
Message body

All times are GMT - 7 Hours
Page 1 of 1

 
Refinance Quotes
Call for Rates
888-485-7561
Speak to a lender now.

We will match calls to our toll free number with our network of lenders.

Ask Questions
Community Experts
Cliff Pape - market Analyst Cliff Pape
Market Analyst
Houston, Texas







Highlights
Related Readings
Bankruptcy
Mortgage Loan Modification
Mortgage after foreclosure
Avoid Foreclosure


Helpful References
Mortgage Terms
Mortgage News
Book Center
Mortgage Guide
Shop and Compare lenders


Our Community

MortgageFit Blog
Community Professionals
Community Rewards
Introduce yourself
Website tools


Community Rewards

Five simple ways to earn money with the Mortgage Community.

New and upcoming tools
Credit Repair Tool New
Mortgage Planner
Simple Budgeting Tool






We have chosen to apply the Creative Commons Attribution License to all works we publish. This work is licensed under cc by 2.0
Page loaded in 0.072 seconds.