Foreclosure in 21403>Question Details

Doris Cherry, Other/Just Looking in Annapolis, MD

Can a co-owner/non-occupant evict the co-owner/occupant who is defaulting on mortgage to prevent foreclosure?

Asked by Doris Cherry, Annapolis, MD Tue Dec 9, 2008

The parent kicks in a large downpayment to help the child buy the house and the parent's name is on the title. The child has gone alcoholic, loses his job, and has no money. The parent would like to rescue her investment and would also like to keep the house ( by renting it out), in case the child finds the strength to stop drinking and get a job. The parent has much more money in the house than the child at this point.

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Answers

4
how do you evict the owner of property?
0 votes Thank Flag Link Thu Jan 1, 2009
Doris: You need to contact an attorney. . this is too important to make a decision based on a Realtor's opinion in a forum. .
0 votes Thank Flag Link Thu Jan 1, 2009
No,an owner is an owner and unless you have some kind of contract with your co-owner about the division of equity that person has all the legal rights to the property as you do.You can buy the other person out and refinace or sue them in civil court for breach of contract (just like a divorice) but if you evict you son you will make a bad problem much worse.
0 votes Thank Flag Link Thu Dec 11, 2008
Doris,

You can certainly make the payments to keep the home from foreclosure as you are on the title, Evicting a legal owner would be difficult, but you would have to consult a family lawyer on this. Perhaps the establishment of addiction and/or a competence judgement would allow for the eviction. You might do better to negotiate and have your child agree to sign the title over to you or a trust. Definitely consult a family lawyer. Jon Tucker, RE/MAX 100
0 votes Thank Flag Link Tue Dec 9, 2008
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