Posted on: 05th Dec, 2008 11:00 am
hi all, i am new to this board so sorry if i am posting in the wrong spot.
my situation is the following: i jointly own my current and only home in florida with an ex-girlfriend. i am disabled and qualify for low-income housing/apartment. but, unfortanatly i can not apply for one because (i am a homeowner), my name is on the mortgage.
we do not get along well and have had many problems.
she refuses to sell, buy me out or refinance.
i am on a fixed-income and can not afford an attorney.
i need the proceeds of the sale of the house to relocate.
i don't want to quitclaim the deed of the house because that won't remove my name from the loan.
she will not qualify for the loan by herself to refinance because she has horrible credit, and she does not want to add anyone else as a co-signer to the loan.
so, i am in a desperate situation. is there no way out for me? please someone help me with any suggestions and or advice.
thanking you in advance.
my situation is the following: i jointly own my current and only home in florida with an ex-girlfriend. i am disabled and qualify for low-income housing/apartment. but, unfortanatly i can not apply for one because (i am a homeowner), my name is on the mortgage.
we do not get along well and have had many problems.
she refuses to sell, buy me out or refinance.
i am on a fixed-income and can not afford an attorney.
i need the proceeds of the sale of the house to relocate.
i don't want to quitclaim the deed of the house because that won't remove my name from the loan.
she will not qualify for the loan by herself to refinance because she has horrible credit, and she does not want to add anyone else as a co-signer to the loan.
so, i am in a desperate situation. is there no way out for me? please someone help me with any suggestions and or advice.
thanking you in advance.
This question would best be answered by an attorney. I wish you the best.
Hi vickyhill!
Welcome to forums!
As your ex-girlfriend is not ready to sell, buy you out or refinance, I think you should check out the option of partition lawsuit. If you file partition lawsuit, it will force the sale and divide the proceeds among the property owners. But for that you will have to contact a real estate attorney.
Feel free to ask if you have further queries.
Sussane
Welcome to forums!
As your ex-girlfriend is not ready to sell, buy you out or refinance, I think you should check out the option of partition lawsuit. If you file partition lawsuit, it will force the sale and divide the proceeds among the property owners. But for that you will have to contact a real estate attorney.
Feel free to ask if you have further queries.
Sussane
Hi Sussane, thanks for your response.
Please let me know if you how to go about this since I am disabled and on a fixed income? I can't afford an attorney and Legal Aide will not assist me in a Real Estate matter.
I payed $25.00 US dollars to an attorney for a half hour consultation on this matter. He told me that he would handle my case for a fee of $2,000.00 which I can't afford.
Since I have been the one paying the mortgage from my disability check since day one to present, (I have never been late or missed a payment), what would happen to me if I continued to live in the house but stopped making the mortgage payments? Since I don't see any other way out for me and my situation is too complicated and seems hopeless my goal is to force my ex to pay the mortgage from her wages, (she can afford it, she has a good paying job), without my help, and hopefully save enough in the meanwhile to use to relocate.
One more question if you don't mind. If I stop paying mortgage, utilities while I am living here so that I can save some money to move can she try to evict me or force me out in some way?
Sorry for all of the questions.
Thank God for this board and for all of the nice and kind people helping out. I don't feel as alone anymore. This whole horrible situation has made me very depressed and this board has brought some hope for me and others I'm sure.
Please let me know if you how to go about this since I am disabled and on a fixed income? I can't afford an attorney and Legal Aide will not assist me in a Real Estate matter.
I payed $25.00 US dollars to an attorney for a half hour consultation on this matter. He told me that he would handle my case for a fee of $2,000.00 which I can't afford.
Since I have been the one paying the mortgage from my disability check since day one to present, (I have never been late or missed a payment), what would happen to me if I continued to live in the house but stopped making the mortgage payments? Since I don't see any other way out for me and my situation is too complicated and seems hopeless my goal is to force my ex to pay the mortgage from her wages, (she can afford it, she has a good paying job), without my help, and hopefully save enough in the meanwhile to use to relocate.
One more question if you don't mind. If I stop paying mortgage, utilities while I am living here so that I can save some money to move can she try to evict me or force me out in some way?
Sorry for all of the questions.
Thank God for this board and for all of the nice and kind people helping out. I don't feel as alone anymore. This whole horrible situation has made me very depressed and this board has brought some hope for me and others I'm sure.
Hi VickyHill
As far as filing a partition law suit is considered, you will have to take the help of an attorney.
If your name is on the mortgage and you are not paying the dues, then the lender can foreclose on the property. This will badly affect your credit and lower your credit score by 250 points. As you are the joint owner of the property, I don't think your ex-girlfriend will be able to evict you from the property.
Thanks.
As far as filing a partition law suit is considered, you will have to take the help of an attorney.
If your name is on the mortgage and you are not paying the dues, then the lender can foreclose on the property. This will badly affect your credit and lower your credit score by 250 points. As you are the joint owner of the property, I don't think your ex-girlfriend will be able to evict you from the property.
Thanks.