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Joint Mortgage Issue -- HELP

Posted on: 04th May, 2009 02:44 pm
is there anyway to remove somebody from a mortgage without refinancing. i own property with a former boyfriend in illinois that he has not resided in the home for 2 years. i've been paying the mortgage, taxes, upkeep on the property. he refuses to allow me to sell because he wants to make a profit and the real estate market is down. i recently lost my job and do have not have income to refinance. i have reviewed a 2/3 program with the mortgage company but he will not sign off on this program either. would a quit claim deed or other legal option be available to remove him from any interest in the property and mortgage. he had put $15k down on the property and paid the mortgage for 1 year but never paid taxes. we had a home equity line of credit which he withdrew his equity from -- $13k. your help is appreciated.

cg
CG

If he has not held up his end of the bargain, then I suggest you hire an attorney. Otherwise, he will continue to take advantage of the situation.
Posted on: 04th May, 2009 06:07 pm
As Eric stated, your situation is really beyond our help. Our suggestions will only take you so far. Please conatct your attorney for an issue like this. I hope this helps...
Posted on: 04th May, 2009 10:09 pm
i've been researching my issue as posted above....would a novation be a likely solution? are there any drawbacks to this that i should be aware of?

thanks in advance for your help....cg
Posted on: 05th May, 2009 08:57 am
Hi CG,

If it is a joint mortgage and your name is on the loan papers as a co-borrower, you are liable to pay it off. A quitclaim deed will only transfer the property title. It cannot transfer the loan. Thus, if you want to remove your name from the loan, a refinance is required. A novation is also possible, but it is subject to the lender's approval.
Posted on: 06th May, 2009 12:51 am
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