Mortage payment

denise

welcome to the forum

i do not think you can take any legal action on him

best thing would be to work out some thign with him and ask him to sign the quit claim deed

good luck

I spoke with an attorney he stated I could sue him for a breach of contract and to pay half of the total amount of mortgage or if he willing to sign a consent of judgment form to pay half of the mortgage. It is expensive to do because it may have to go to trial. I am stuck, any suggestions?

Denise

I amnot sure if you had any written agreement between the two of you, if not Iamnot sure how a verbal agreement will stand in the court of law

Good luck

when you spoke with a lawyer about dealing with this "breach of contract" did it not occur to you to ask about the costs of court? did the lawyer not mention anything about this? is this truly a breach of contract? after all, you presumably went into this with both eyes open - you signed a promissory note and he didn't. why would he be obligated to contribute to payments if he wasn't to begin with? did you and he sign any agreement to begin with making him responsible to share the payment with you?

this is a whole mess - i don't quite get why this lawyer told you about suing him for 50% of the monthly payments (forever?).

The verbal agreement will stand because he signed the original contract when we purchased the house two years ago in front of witnessess and that make him liable for the 30 year mortgage also. His name isn't on the mortgage loan but t is on the deed and other papers. My boyfriend should be responsibile for half of the mortgage because he abandon his responsibilites. The attorney stated if this case has to go to trial it would be very expensive the cost could be about $9000.

denise, forgive me, but i cannot understand how signing the original contract obligates him to pay the mortgage. legally, the only party that a lender can require to make loan payments is the person, or persons, who have signed a mortgage note. you said he did not sign a mortgage note. are you implying that the verbal agreement was made in the presence of the witnesses who would be willing to swear to that in court?

believe me, i don't necessarily disagree that he ought to be held responsible, but "because he abandon his responsibilities" won't be reason enough to allow a court to hold him responsible (i think). courts can do lots of things we don't know of, of course.

Sorry, if I sound like a buffoon because I am clueless. These are the papers he signed in front of the Real Estate, the Lending Company, the owner, and the notary. The Owner's Policy of Title Insurance, Warranty Deed as joint tenants, Contract to Purchase Real Estate, Settlement Statement and Home Disclosure Form. If subpoena is required, I am sure those people can attest his signature. Although he's not on the mortgage note which I am responsible for paying, I want to know can I sue him for his half of the mortgage payment being that he will not do a quick claim deed.

i'm sorry denise, but all those documents do not make him obligated to make payments. he is an owner based on all that, but since you are the only person legally obligated to make payments, all that is on you.

honestly, no matter who you may subpoena, their testimony won't cause any right-thinking judge to find him responsible for payments.

and you aren't a buffoon - buffoons can't spell "buffoon" or "subpoena."

Im very sorry but yes it does look like your the only one responsible to make the monthly payments as he didnt sign anything saying he will be responsible to pay.

I spoke with a Bankruptcy Attorney today, she also said that he's not responsible for the payment. I talked to a Real Estate Attorney he seem to think I have a case and he's can sue him for the payment. Is this attorney just trying to get money from me?

denise, if you have a lawyer willing to sue him and that lawyer is convinced that he can be successful in winning, then you need to alert the lawyer that you'll pay him as soon as you win and not before. that will tell you how serious he is. i don't know...maybe there's an upfront (minimal) fee for taking on the suit, but you ought not to spend a lot of dough trying to sue someone for payment on a "contract" that really doesn't exist.

Thanks Guys, I love this. You'll have helped me alot. I heard through the grapevine he's supposed to go to the court house tomorrow and sign off on the quit claim deed. I don't know if I need to do anything. I quess I have to wait and see if that happens. If not, I will continue with the attorney for consultation.

"i heard it through the grapevine" - a wonderful song!

bye negotiaton solve the issue

delightful!