Posted on: 28th Jun, 2009 04:25 pm
my sister needs to kick off her abusive boyfriend off the mortage note. He has not lived there in over a year and does not pay anything. He refuses to sign the house over to her.
Hi josephpicariello!
Welcome to forums!
Your sister can buy out her boyfriend. She can offer a certain sum of money to her boyfriend and ask him to sign off the deed in her favor. If he is not ready to do so, then she will have to file a partition lawsuit and sell off the property. The sale proceeds will be first used to pay off the mortgage debts and if there's an excess amount, then it will be divided between them.
Feel free to ask if you have further queries.
Sussane
Welcome to forums!
Your sister can buy out her boyfriend. She can offer a certain sum of money to her boyfriend and ask him to sign off the deed in her favor. If he is not ready to do so, then she will have to file a partition lawsuit and sell off the property. The sale proceeds will be first used to pay off the mortgage debts and if there's an excess amount, then it will be divided between them.
Feel free to ask if you have further queries.
Sussane
If he does not agree to sell the house and continues to default then she can start a partition lawsuit
After she files, the court will issue summons to him. she will be required to get an appraisal of the house and after which judgment will be issued. The judgment is called interlocutory judgment of partition for sale. The court will then appoint one real estate personnel to sell the house. After it is sold the court will provide her with an order approving the sale and for the proceeds to be distributed between both of them.
she would also be able to recover the involved costs and some part of the attorney fees from the proceeds that will be distributed to him. The reason is that as per laws one who starts the lawsuit is considered to be doing so on behalf of all other owners of the house.
But I would advice that she takes help of an attorney to know the other details on how to proceed in this regard.
After she files, the court will issue summons to him. she will be required to get an appraisal of the house and after which judgment will be issued. The judgment is called interlocutory judgment of partition for sale. The court will then appoint one real estate personnel to sell the house. After it is sold the court will provide her with an order approving the sale and for the proceeds to be distributed between both of them.
she would also be able to recover the involved costs and some part of the attorney fees from the proceeds that will be distributed to him. The reason is that as per laws one who starts the lawsuit is considered to be doing so on behalf of all other owners of the house.
But I would advice that she takes help of an attorney to know the other details on how to proceed in this regard.