Posted on: 28th Jun, 2009 09:19 am
my bf is in a really bad situation with his brother. they bought a house together in 07. they got into a huge fight almost a year ago so they do not talk anymore my bf moved out into an apartment since we could not take being in the same place with him. his brother promised to make the payments, but he has not as of the past few months. my bf has a lease until the end of september at his apartment. his brother is about to miss the 3rd payment and ignored my bfs text yesterday about doing loan modification.
my bf would consider moving back into the house, but wanted to wait until his lease is up since it's expensive to break his lease and he wants his brother out then. my bf can afford the payments and the past due amount, but it is a lot and he would not want to pay it while his brother is there since he would be getting a free ride then. i am worried if we wait until september though for him to pay or move in that it will be too late and the house will foreclose. i am also worried that his brother will be a jerk and say he will not move out.
my bf looked into the loan modification a little through the mortgage company to try and make it easier for his brother to afford, but they need my bfs info too and he makes a lot of money right now and does not live there. what can we do? is there also any way that he can kick his brother off the property if my bf decides to break his lease and move into the house? is there any way that he can make his brother pay him back if he makes these payments for him? please help us!!!!! if you need more information, if this place has private messages, please pm me!!
my bf would consider moving back into the house, but wanted to wait until his lease is up since it's expensive to break his lease and he wants his brother out then. my bf can afford the payments and the past due amount, but it is a lot and he would not want to pay it while his brother is there since he would be getting a free ride then. i am worried if we wait until september though for him to pay or move in that it will be too late and the house will foreclose. i am also worried that his brother will be a jerk and say he will not move out.
my bf looked into the loan modification a little through the mortgage company to try and make it easier for his brother to afford, but they need my bfs info too and he makes a lot of money right now and does not live there. what can we do? is there also any way that he can kick his brother off the property if my bf decides to break his lease and move into the house? is there any way that he can make his brother pay him back if he makes these payments for him? please help us!!!!! if you need more information, if this place has private messages, please pm me!!
Hi mallory!
Welcome to forums!
Your boyfriend can negotiate with his brother and transfer the property to him through a quitclaim deed. Then your boyfriend's brother can apply for a loan modification. It will depend upon the lender whether he would accept the request or go for a foreclosure.
I don't think your boyfriend can force his brother to move out of the property if his name is mentioned on the property deed. Your boyfriend can file a partition law suit which will help him in selling off the property. With the sale proceeds, the mortgage will be paid off first and if there is any excess amount, then it will be divided between them. It would be better if your boyfriend can contact an attorney and get his opinion in this regard.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
Your boyfriend can negotiate with his brother and transfer the property to him through a quitclaim deed. Then your boyfriend's brother can apply for a loan modification. It will depend upon the lender whether he would accept the request or go for a foreclosure.
I don't think your boyfriend can force his brother to move out of the property if his name is mentioned on the property deed. Your boyfriend can file a partition law suit which will help him in selling off the property. With the sale proceeds, the mortgage will be paid off first and if there is any excess amount, then it will be divided between them. It would be better if your boyfriend can contact an attorney and get his opinion in this regard.
Feel free to ask if you've further queries.
Sussane
It is for very sure that your BF can not force your brother to move out of the house.but at the same time he can ask your brother to quitclaim the property on your bf's name.once quitclaim process is done then it will be easily possible for your bf to immediately take control of the home.
I think you have to really convince your bf's brother to quitclaim the property.
keep in touch..............
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I think you have to really convince your bf's brother to quitclaim the property.
keep in touch..............
:arrow: :arrow: :arrow:
Only quitclaim is your solution. try to do quitclaim property so first need to convey to your brother for this then automatically your all problem get resolved.
Good day
Thanks
Good day
Thanks