Regarding the friend selling the house, where she is on the mortgage but we both are on the deed, she is the realtor so if she already has the contract written, do I have any recourse in contacting the broker or anyone else? I haven't signed any forms. Also she has changed the locks and is not allowing me on the property - any recourse there?
2007-01-08 06:59:12 · 6 answers · asked by Alexis C 1 in Business & Finance ➔ Renting & Real Estate
I have a copy of a quit claim deed, that made us "joint tenants with rights of surviorship", so does this mean I would have to quit claim my part back to her for her to sell the house?
2007-01-08 09:14:40 · update #1
So you both own the house right? If so then she can't sell the house without your permission.
But get a lawyer and see what you can do. I don't think she can keep you off the property, without a court order, so you could change the locks, but again you need a lawyer right away.
They will stop the sale, or at least slow it down, until you can go to court and sort it out. But if she walks away from the mortgage, you might find yourself fighting with the bank. It could turn into a big mess.
EDIT
Yes, you will have to sign your half of the property in order for her to sell it.
Really contact a lawyer or a legal service. As it stand I believe she could only sell her interest in the house. You might have a room mate you don't want or need.
EDIT AGAIN
A thought occurred to me, are you listed on the abstract? If not she might be able to sell the house without you.
2007-01-08 07:15:12 · answer #1 · answered by Richard 7 · 0⤊ 0⤋
Yes, she cannot sell the home until you sign over the quit claim deed to her. You may want to check with the public records in your county to be sure that you are still on the deed. Just go to the Clerk & Recorders office and ask.
As for her not allowing you into the property, assuming you're still on the deed, you should contact an attorney to take the case to court to allow you the right to enter the property. Then, you can contact local law enforcement to escort you to the property to get your belongings.
You will also want to contact the title company that will be handling the sale and let them know that you're still an owner of the home and that you will not be signing over the ownership to another party until you have an agreement in writing as to who gets the proceeds of the sale.
I do find the whole thing a bit off, though, as no lender would lend money to one party on a house without the other party being held responsible, also.
Best of luck!
2007-01-08 19:13:25 · answer #2 · answered by trblmkr30 4 · 0⤊ 0⤋
This site will help you to sell that house, but you should also talk to a lawyer. You need to explain all the problem to him so he can help you to go further. I put the link in the source. Go visit that site and contact them if you need help.. Good luck.
2014-09-16 09:32:40 · answer #3 · answered by David Willyams 3 · 0⤊ 0⤋
it all depend on the deed that is signed by both of you...... what are the points mentioned in it and how much percentage of right you hold on that house..... for further getting to a better decision you should consult with some real estate consultant........
2014-03-03 01:34:26 · answer #4 · answered by webuyall 1 · 0⤊ 0⤋
If you are on the deed, she would need your signatures to sell. Talk to a lawyer.
2007-01-08 15:26:54 · answer #5 · answered by strtat2 5 · 0⤊ 0⤋
YEP...
2007-01-08 15:06:18 · answer #6 · answered by recycled thoughts 4 · 0⤊ 0⤋