I seperated from my exgirlfriend in February. We own a home together I am on the mortgage and we both are on the deed. She remained in the house and agreed to pay as agreed before the seperation. All along she has not been paying the mortgage and saving all her money and eventually purchased her own home. Leaving the home we owned together in foreclosure. I am currently living in the home again and trying to stop the foreclosure. If I am able to save the home I would like to remove her off the deed. It is evident she does not care about the property. She will not agree to sign a quit claim deed. She is being very spiteful and won't rest unti she has finacially destroyed me. I would like to save my home but I need to remove her off the deed also. Please help! how can I remove her off the deed. I am soley paying for the property and the reinstatement fees.
2007-10-17 03:37:27 · 4 answers · asked by concerned 1 in Business & Finance ➔ Renting & Real Estate
I have to agree, you must get an attorney to help you sort of this mess.
2007-10-17 04:11:05 · answer #1 · answered by Debdeb 7 · 1⤊ 0⤋
Getting her off the deed really has no bearing on your ability to reinstate the mortgage. What you need to do to get her off the deed is start a Quiet Title or Partition Action. Because she is on the deed you might have to pay her something (IF there is any equity) for her ownership interest, but you can get her court ordered to be removed from the title. You need to contact a real estate attorney that does litigation. In the mean time, see if you can come up with the cash to reinstate the house, otherwise you might want to consult a Bankruptcy attorney who does chapter 13 cases if the sale is scheduled to happen soon.
If you have a written agreement with her regarding payment of the mortgage you may be able to use that in court to offset what you would otherwise have to pay her to buy her out of her share of the house.
THIS CAN VARY FROM STATE TO STATE
2007-10-22 08:50:07 · answer #2 · answered by Lesley 5 · 0⤊ 0⤋
I agree with the two above, but I would also call the lender, ask for the legal advice office, and explain them your current situation. Due to the fact that you are in foreclosure, they might be able to help you, too.
good luck!!
2007-10-17 04:26:23 · answer #3 · answered by CarmenNR 2 · 0⤊ 0⤋
You need an attorney and file a partition law suit
2007-10-17 03:44:28 · answer #4 · answered by newmexicorealestateforms 6 · 1⤊ 3⤋