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I live in CO and am dating a woman who went through a divorce about 4 years ago. At the time of the divorce her x husband was anable to get the house in his name so she stayed on the mortgage. About 2 years ago he passed away and left all of his assets to his only son. The son is now on the deed, but not on the mortgage. He is currently not working so he can't pay the monthly payment. She wants the house out of her name, or to sell it. Without a job he can't get the mortgage in his name and he won't sign the paperwork to sell the house. She doesn't want her credit hurt by this, what options does she have? Can she take him to court and force him to refinance in his name, or sell the house?

bob1 · Posted: Tue May 25, 2010 9:06 pm Post subject: Deadbeat Son

This is a difficult situation that will require the services of a good real estate attorney. Without any additional information about the value of the property and the amount of the outstanding loan, I can't address the question any better.

If your girlfriend walks away from the house, the foreclosure will be hers, and the courts will likely just remove the son from the deed. Her credit will be damaged, and he will not really receive any hit to his credit since he is not on the mortgage.

I would first ask if he can be enticed with any money ( deadbeats usually like the sound of that ) if there is equity, and he is then willing to sign the necessary documents to sell the home.

I believe the courts can compel him to participate in a sale, but I am not familiar with the specifics of Colorado real estate law.....that's why the attorney is needed. A mortgage broker or lender will not be able to provide you with the legal advice you need for this one.

jameshogg · Posted: Tue May 25, 2010 9:37 pm Post subject:

Hi JHWTRA,

She will have to either sell off the property or her ex-husband's son will have to refinance the loan in his name. Any one of these two options will help her in removing her name from the property deed. If the son is not ready for it, then it would be better if could file a partition lawsuit. The court will order the sale of the property and she can get rid of it.

Thanks

dipaligopale · Joined: 25 May 2010 Posts: 790 22.70 Dollars($)

JHWTRA

As far as deed is concerned,I agree with bob that you can entice that guy with some money as he is jobless surely he will agree with the sweet deal and once the deed is on your name surely you can go ahead with selling the property.
before consulting any real estate attorney if you can try this,you will also save money on attorney's fee.I won't say that attorney is not needed,but that option should be tried once you go through all the general tactics.

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