Posted on: 24th Sep, 2007 01:26 pm
my boyfriend refinanced his home. he was defrauded by his entire family during the transaction. somehow his sister wound up on the new mortgage and deed. he was forced to sign over the refinance check under duress but did so only once his sister quit claimed her portion of the property to him. now, he has been served with a lawsuit for partition. does his sister have a chance at forcing him tio sell? he has the quit claim deed and a copy of the refinance check which was signed over to her. this family is insane!!! please help.
Wow that is insane!
Have him contact an attorney immediately.
The sister shouldn't have too much right to anything as long as he can show that he was making the payments.
How did she end up on the refi mortgage? Did he need help qualifying? Did they cash out for the refi and then sis wanted the cash out?
The problem is when she quit claimed the deed over, the lender still has the right to the property. So sis is responsible for the payments just doesn't have a specific right to the property. I don't suppose she's throwing cash at him for that though?
Things can go differently from state to state so he really needs to get an attorney who can read through all the written agreements that exist.
Have him contact an attorney immediately.
The sister shouldn't have too much right to anything as long as he can show that he was making the payments.
How did she end up on the refi mortgage? Did he need help qualifying? Did they cash out for the refi and then sis wanted the cash out?
The problem is when she quit claimed the deed over, the lender still has the right to the property. So sis is responsible for the payments just doesn't have a specific right to the property. I don't suppose she's throwing cash at him for that though?
Things can go differently from state to state so he really needs to get an attorney who can read through all the written agreements that exist.
Hi Ayme,
A partition lawsuit can only be filed by co-owners to the property. So, as the sister has already quitclaimed the property to her brother, she is not a co-owner and she has no right to that property after that. So she has no legal right to force him to sell the property through a partition lawsuit. The lawsuit is not applicable in this situation.
A partition lawsuit can only be filed by co-owners to the property. So, as the sister has already quitclaimed the property to her brother, she is not a co-owner and she has no right to that property after that. So she has no legal right to force him to sell the property through a partition lawsuit. The lawsuit is not applicable in this situation.
