Posted on: 25th Apr, 2006 11:23 am
My mother recently moved to Florida and purchased a home with her boyfriend. His credit is poor so the mortgage is completely in her name. They have since parted ways, not amicably as he was unfaithful. She has a legal restraining order. He has left her with a $1500 a month mortgage which she cannot even begin to afford. She was forced to put the house up for sale. She qualified for the mortgage herself having no job in Florida and only making around $9,000 the year before in MI. I know her credit is not that great. I am wondering if(1) this mortgage is legal? (2) her ex-boyfriend is liable for anything? I would greatly appreciate any information you could offer me. Thank you
Hi Laura,
Your agony is understandable. I think it's better to sell the house under this condition and pay off the mortgage. Thus one burden will be gone.
If her boyfriend didn't make any contributions to the house, he shouldn't have any rights on the property. Consult an attorney for advice on the matter.
Your agony is understandable. I think it's better to sell the house under this condition and pay off the mortgage. Thus one burden will be gone.
If her boyfriend didn't make any contributions to the house, he shouldn't have any rights on the property. Consult an attorney for advice on the matter.
If your mother's ex-boyfriend's name is on the deed then, I am afraid to say that he owns a part of it and the extent depends on how they hold the title together.
If that is the case, can she manage to get the deed signed by him to remove his interests? Thus she may get total ownership on the house. I think a real estate attorney can be of help and your mother will be saved from further sufferings that she is already having.
In any case the house needs to be sold to pay off the mortgage as she can't afford the payments.
If that is the case, can she manage to get the deed signed by him to remove his interests? Thus she may get total ownership on the house. I think a real estate attorney can be of help and your mother will be saved from further sufferings that she is already having.
In any case the house needs to be sold to pay off the mortgage as she can't afford the payments.
if a recent ex-partner applies for an additional mortgage for their new home, how does this affect the original mortgage (that is still in effect) for their previous home? the original mortgage is in joint names with the ex-partner and the additional mortgage is in ex-partner's name only. the second mortgage has been obtained from a different building society and it may be that it has not been disclosed that the ex-partner is already liable for the original mortgage.
what would the consequences be if the ex-partner developed monetary problems and was unable to met all the payments? which mortgage, if any, would take priority.
what would the consequences be if the ex-partner developed monetary problems and was unable to met all the payments? which mortgage, if any, would take priority.
Hi Jayne,
The original lender will be putting his claim on the old home and if not completely met, since you are also jointly liable they will put their claim on you also.
The new lender will have his claim upon new home that the ex-partner has.
The original lender will be putting his claim on the old home and if not completely met, since you are also jointly liable they will put their claim on you also.
The new lender will have his claim upon new home that the ex-partner has.
Hi Jayne,
I think if the ex-partner goes through monetary problems and is unable to make all payments, he will have to answer the lender for both the loans. This is because his name is there in both the loan documents.
For the original mortgage, the lender may take away the old home if he does not get back his money. And, for the additional loan, the lender can foreclose the new home provided the owner does not satisfy his debt.
Thanks,
Sara.
I think if the ex-partner goes through monetary problems and is unable to make all payments, he will have to answer the lender for both the loans. This is because his name is there in both the loan documents.
For the original mortgage, the lender may take away the old home if he does not get back his money. And, for the additional loan, the lender can foreclose the new home provided the owner does not satisfy his debt.
Thanks,
Sara.
Hi,
If the ex-partner fails to pay down the first loan, the other partner has the responsibility of clearing the debt as his/her name is also on the loan. Also, if both the partners are on the deed to the property, then if one partner does not repay, the other partner has to pay it off in order to protect the home from lender.
If it so happens that the husband is not willing to make the payments on the first loan, then the other partner should try to work out a payment plan with the lender. In case this does not work out, then only the lender may think of a foreclosure or other ways to get back the money he invested.
Thanks,
Caron.
If the ex-partner fails to pay down the first loan, the other partner has the responsibility of clearing the debt as his/her name is also on the loan. Also, if both the partners are on the deed to the property, then if one partner does not repay, the other partner has to pay it off in order to protect the home from lender.
If it so happens that the husband is not willing to make the payments on the first loan, then the other partner should try to work out a payment plan with the lender. In case this does not work out, then only the lender may think of a foreclosure or other ways to get back the money he invested.
Thanks,
Caron.