Other than my suggestions made earlier, please also consider getting in touch with ANY of his family members or friends that you still may know, any sisters, brothers, his mother or father & present your case to them & see if they'll get involved in urging him to work with you. Still go to him first with some type of favorable offer for his compliance in doing the Quitclaim Deed.
Realtor Since 1996
I agree with both the answers, however, this is complicated.
I highly recommend you to talk to a real estae attorney. We as realtors can asnwer from our experience but you have legal issue to deal with and the expert in this case is real estate attorney.
The only way to get him out is to 'buy" him out. In a short sale situation where you don't want to stop making payments, you would have to see if he'd be ok with your helping to pay for his moving costs, or pay for his 1st month rent somewhere else, if that would be enough to entice him.
Your goal is to have him AGREE TO DO A QUITCLAIM to get himself OFF the title & YOU ON the title. This way you don't have to worry about him later disagreeing to signing paperwork we would need to successfully close the short sale.
The object is you want to preserve your credit as best you can.
The only other way is to stop making payments, then he'd be forced to move because the bank would foreclose.
If you'd like to speak about this some more, feel free to email or give me a call. I've dealt with many unruly tenants, and that is basically what he is. He needs a couple of carrots.
Realtor Since 1996
was few months to our wedding I had to seek urgent help from a spell caster who helped me to unite my boyfriend, we are now married and I
am expecting my second baby, and it took 3 days to get my ex back to me then.
He is really indeed a real spell caster.
You can contact him via email
However, I am assuming that the property is in California, so tittle can change to a communiy property which means 50% for Husband and 50% for Wife. You should talk to an attorney for some legal advise.
I do think that there is something you can do. Especially if you can prove that you are making the payments.
The fastest way is to have your X-husband add you on tittle. But again, if that does not work, your best bets will be to talk to an attorney.
OBJECTIVE REAL ESTATE
6399 WILSHIRE BLVD SUITE 908
LOS ANGELES, CA, 90048
CA DRE License 01056741
I do believe that you may list the property with only one signature (you).
I suggest that you contact a great attorney and file for a partion action.
If you live in the South Bay or surrounding area I stongly suggest that you contact:
Dale Eleniak ~ Attorney at Law
Hopefully by now you have figured out that you need to contact an attorney, and that you may have a problem. In order to sell a home, as I am sure many have told you below, you need to be on title, regardless of whether you are the sole person paying the mortgage. Your husband would need to agree to sell the home. You may be stuck in a pickle, but an attorney can help you possibly come up with some solutions. Just be careful meandering through the muddy waters, as it is your neck on the line as far as credit is concerned. Also, do not take legal advice from anyone but a lawyer (agents be careful here).
Best of luck,
Rachel LaMar, J.D.
LaMar Real Estate, Inc.
Contrary to comments below, a court cannot force a refinance since if there is no equity, this will be impossible. The court cannot force a sale either since apparently the ownership rights have been signed away.
Get an attorney.
Contrary to advice below, you cannot evict someone from something you do not own.
Have I mentioned that you need an attorney?
If your ex-husband is not on title and has no ownership interest in the property, then you should be ok to list. I am assuming the divorce has gone through and is required to vacate based on the divorce decree.Again there are some parameters to see if you would qualify for the short sale.The best way to figure that out would be to meet with a local agent who is qualified in short sales. Please feel free to email directly at firstname.lastname@example.org, I am a Certified HAFA Specialist ( Foreclosure Alternatives through Short Sales) . Looking forward to helping you through this difficult situation, please feel free to call me at 424-226-8640.
Anna Maria Kitras, Broker Associate
Weichert Realtors,Hoshaw & Associates
Certified HAFA Specialist- Foreclosure Alternatives through HAFA approved Short Sales
Over 15 years of Combined Lending and Real Estate Experience
David Cooper..Las Vegas Foreclosure Investor in Bank Owned REOs with Cash Flow. email email@example.com or call for FREE daily list. +1-7024997037
The Title to a home is the ownership document reconginzed by law. In other words, if his name is on Title..it's his house. I'm, wondering how your assets were divided in the divorce.
Since you are on the loan, that brings up additiional issues, including credit issues for you if you default.
Legal advice is beyond the scope of Real Estate Agents. This is a complicated issue and for your own benefit it would be best to consult with an attorney as to the best course of action for you.
I didn't see this mentioned below, but you mentioned ex-husband. Is it safe to assume that you've already been through the legal process of divorce? If so, then do you have any divorce decree indicating ownership of the property? If it states you as the sole owner of the property, then you may have some luck. I'd advise checking your divorce decree (assuming you're legally divorced) and then possibly consult with your lawyer with the legal specifications. Good luck with it.
David Cooper Las Vegas Foreclosure Investor in Bank Owned Houses with cash flow. Freee List +1-7024997037 not a real estate agent
The best of luck
You are in a Catch-22. Only the OWNER - the person on title - can sell the home. Only the BORROWER - the person on the loan - can negotiate or provide 3rd party authorization to a negotiator, to negotiate a short sale.
If you are having problems convincing your ex-husband to cooperate, perhaps getting a third party involved would be helpful. Family members are an option, but usually don't want to get involved. The problem is he MUST be willing to cooperate to make this happen. Let me know if I can be of any assistance and Dare to Dream.
Shel-lee Davis, QSCÂ®
Certified Distressed Property Expert â€“ CDPEÂ®
Short Sale & Foreclosure Resource â€“ SFRÂ®
Certified HAFA Specialist â€“ CHSÂ®
Your Real Estate Consultant for Life
RE/MAX Palos Verdes Realty
You can do a short sale. However, if your husband is on the deed, he will need to cooperate and sign some papers. We are a professional short sale service and would be happy to explain the process to you. Please call us directly to discuss your specific situation. Our services are FREE to homeowners. We look forward to hearing from you.
Eli Givoni, Director
Short Sale Department, LLC
Serving all 50 states
MARS Disclosure for General Commercial Communications
Short Sale Department, LLC is not associated with the government, and our service is not approved by the government or your lender. Even if you accept this offer and use our service, your lender may not agree to change your loan. If you stop paying your mortgage, you could lose your home and damage your credit.
First, I frankly am shocked any RE professionals would dare to recommend someone to "stop paying" in light of MARS.
Second, Flavia, you might want to consult with a real-estate attorney to help you request your lender(s) to do a novation.
This does NOT sound like a good situation!
If he is on title, you have no ownership rights to sell - short sale or not.
It sounds like he is uncooperative if he is refusing to leave.
It appears to me that your only viable alternative is to let it go to foreclosure. Stop wasting your money on a house you do not own with a tenant you do not like who refuses to pay you.
Wow, you certainly have a complicated situation. I have listed several short sales, and I would definitely recommend that you get an attorney. Regardless of what they tell you as far as who has the power, the fact that you are the only borrower but he is the only one on title raises a lot of red flags. Short sales have legal and tax implications, in addition to credit implications. Before taking any steps, I strongly urge you to contact an attorney. In this case, it is not just about what the attorney can tell you about what you CAN do, but it is almost more important that an attorney can tell you what NOT to do.
Whenever a buyer or seller is in doubt about title issues, I always recommend that they see an attorney. In fact, two of my transactions recently have used attorneys for the specific reason of handling title issues when it is not a common title situation.
Once you do get an attorney and figure out if you are going to do a short sale, it is just as important to get an agent who understands the complexities of your situation and is prepared to help you explain them to the short sale lender. I wish you the best, and if you need any referrals, please feel free to give me a call!
David Cooper.. Las Vegas Investor in Bank Owned REO's with Cash Flow +1-7024997037
not a real estate agent
A lot is riding on the degree of cooperation you can expect from your ex. You placed an incredible amount of trust in him when you accepted responsibility for the loan without insisting on an official share of ownership (title). I see that you're an agent, so I'll give you credit for having known what you were doing.
If there's a challenge getting you ex to quitclaim the property to you but still have some level of mutual trust, then perhaps a mediator could aid you in arriving at a solution that enables a cooperative short sale. I'm familiar with a great one, with considerable real estate experience, if you decide to go this route.
if this is successful in getting you on the same page, then it will make good sense to hire a Realtor with short sale experience and consult together with a real estate attorney to ensure that as much of the process, including tax implications, is understood in advance as possible.
I agree with what's been said here. I have a great South Bay real estate attorney I can put you in touch with. Feel free to give me a call at your convenience.
All the best,
Prudential California Realty
tel (310) 251-7725
fax (866) 277-5535
DRE # 01788567