Posted on: 23rd Feb, 2010 05:15 pm
My girlfriend is on the deed and the mortgage to a home in another state. Her brother who lives in the home is also on the deed but not the mortgage. There was an agreement between her and the family members living in the home that those living in the home would make the monthly payment. They have recently stopped making payments. I understand that my girlfriend is liable for the mortgage payments. She wants to sell the house and force the other family members out. Is this possible?
Hi Purestmist,
As your girlfriend is on the deed, she definitely has a right to the property. She is also liable for the loan since she is on the mortgage note. Is the agreement between her and her family members legally valid? If it is, then her family members have violated the terms of the agreement by not making the mortgage payments. Your girlfriend can take this matter to court and force her family members to sell the home.
As your girlfriend is on the deed, she definitely has a right to the property. She is also liable for the loan since she is on the mortgage note. Is the agreement between her and her family members legally valid? If it is, then her family members have violated the terms of the agreement by not making the mortgage payments. Your girlfriend can take this matter to court and force her family members to sell the home.
Thanks for the advice. I'm not sure if the oral agreement between her and her family members is binding. The sister that had agreed to pay the mortgage is now out of state and is not on the deed or mortgage. The brother living in the house is on the deed but not on the mortgage. He refuses to pay at all. Since no one is paying the mortage, I'm thinking that my g/f has to convince her brother to let her sell the house or it will foreclose, the bank will take over and auction it, and possibly noone will see a dime from what equity they now have and the current occupants will be out of a home.
Hi Purestmist,
The oral agreement will not be considered legally valid. Her family members are not legally bound to make the mortgage payments. Her brother has his name listed on the title to the property. Hence he has a legal right to it and your girlfriend cannot force him out of the home. I think the best possible option for her is to convince her brother to let her sell the property. But, since he has an ownership interest in the house, he may ask for a share of the profit from the sale of the home.
The oral agreement will not be considered legally valid. Her family members are not legally bound to make the mortgage payments. Her brother has his name listed on the title to the property. Hence he has a legal right to it and your girlfriend cannot force him out of the home. I think the best possible option for her is to convince her brother to let her sell the property. But, since he has an ownership interest in the house, he may ask for a share of the profit from the sale of the home.