Posted on: 22nd Jan, 2009 05:12 pm
state of ga co-borrower, co-owner, i am primary and want her off the deed...state of ga co-borrower, co-owner, i am primary and want her off the deed.
hi. i obtained an fha loan all on my financial merit, paid the downpayment, and every mortgage payment the first 6 months of our homeownership in ga. my ex decided to cheat on me, and i broke up with her.
now she is refusing to sign a quitclaim deed until i refinance and remove her name from the mortgage (which she did not even qualify for).
she agrees in many emails that she never contributed to the property, and wants no interest in the home. and she is not a resident of the home going on 3 months now.
can i force her in court to sign the quitclaim since she refuses? especially since she has claimed in emails that she doesn't want anything in exchange?
also, i cannot refinance until i have established a year of nontraditional credit, and even then might end up paying more per month if the interest rates are higher.
why should i pay more for a house only i paid for? we were both domestic partners, and not protected by any civil union type laws in ga
how do i get this rubbish off my deed?
hi. i obtained an fha loan all on my financial merit, paid the downpayment, and every mortgage payment the first 6 months of our homeownership in ga. my ex decided to cheat on me, and i broke up with her.
now she is refusing to sign a quitclaim deed until i refinance and remove her name from the mortgage (which she did not even qualify for).
she agrees in many emails that she never contributed to the property, and wants no interest in the home. and she is not a resident of the home going on 3 months now.
can i force her in court to sign the quitclaim since she refuses? especially since she has claimed in emails that she doesn't want anything in exchange?
also, i cannot refinance until i have established a year of nontraditional credit, and even then might end up paying more per month if the interest rates are higher.
why should i pay more for a house only i paid for? we were both domestic partners, and not protected by any civil union type laws in ga
how do i get this rubbish off my deed?
Hi germalian,
I don't think you will be able to force her to sign the quitclaim deed. In my opinion, you can try to buy her out. In this process you can offer her a certain amount of money and ask her to sign away the property deed in your name. If this is not possible for you then you can file a partition law suit. Due to this law suit, the court will sell off the property and divide the money according between both of you.
Feel free to ask if you have further queries.
Sussane
I don't think you will be able to force her to sign the quitclaim deed. In my opinion, you can try to buy her out. In this process you can offer her a certain amount of money and ask her to sign away the property deed in your name. If this is not possible for you then you can file a partition law suit. Due to this law suit, the court will sell off the property and divide the money according between both of you.
Feel free to ask if you have further queries.
Sussane
but if she is stating she doesn't want any money from the property, and still won't sign it, isn't that titular entrapment?
Hi germalian,
If she doesn't want any money from the property, I don't think she should refuse signing the deed. If she is refusing, then you need to negotiate with her and come to a deal with her.
Thanks
If she doesn't want any money from the property, I don't think she should refuse signing the deed. If she is refusing, then you need to negotiate with her and come to a deal with her.
Thanks
that is the issue. she won't sign and keeps going round and round. i've even lost money getting papers drawn up and she bails on the attorney appointments
I'm having the same problem with my ex-wife in IL. She won't sign the quit claim, loan modification etc. The property didn't sell through Short Sale and although it is valued above the mortgage balance / the actual market price is below the balance.
I just want her off so I can move on
I just want her off so I can move on
Hi Guest/Tre',
Welcome to forums!
Both of you can apply for a partition law suit. Once you file this lawsuit, the court will order the sale of the property. Once you sell off the property, you will have to clear off the mortgage dues of the lender first. If there is an excess amount resulting from the sale, it will be divided amongst both of you.
Feel free to ask if you have further queries.
Sussane
Welcome to forums!
Both of you can apply for a partition law suit. Once you file this lawsuit, the court will order the sale of the property. Once you sell off the property, you will have to clear off the mortgage dues of the lender first. If there is an excess amount resulting from the sale, it will be divided amongst both of you.
Feel free to ask if you have further queries.
Sussane
Can I enter into a partition action to ask the court to force co-owner to sell interest in a property due to inability to service the loan alone and restraining orders for violent acts that prevent us from being in the same residence.
Hi Pelmel!
Welcome to forums!
You can contact a real estate attorney who will go through the whole matter and let you know whether or not you would be able to file a partition lawsuit in this situation.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
You can contact a real estate attorney who will go through the whole matter and let you know whether or not you would be able to file a partition lawsuit in this situation.
Feel free to ask if you've further queries.
Sussane