Legal Problems Arising Out of Ownership and Co-ownership of the House I would like to sale the house and

Asked by Yvette, Paterson, NJ Fri Oct 31, 2008

unable to pay my mortgage payment but the main problem is my step son does not want to sign the contract. Both our name is on the D Title of the house. He does live in my house he helped me with his credit only in order for me to purchase the house. Please advice.

Thank you,

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Yvette, Home Seller, Paterson, NJ
Sat Nov 1, 2008
Legal Problems Arising Out of Ownership and Co-ownership of the House

I would like to sale the house and unable to pay my mortgage payment but the main problem is my step son does not want to sign the contract. Both our name is on the D Title of the house.

He DOES NOT live in my house he helped me with his credit only in order for me to purchase the house but no written agreement was done after I purchase the house. Please advice.
1 vote
Laura Gianno…, Agent, Manahawkin, NJ
Sun Nov 2, 2008
How did he help with credit...he's on the mortgage? If so, his credit will be affected if you can't cover the costs. Again, you need someone to mediate the problem.
0 votes
Laura Gianno…, Agent, Manahawkin, NJ
Sat Nov 1, 2008
As stated you'll need to speak to an attorney. If his credit helped you buy the home, his credit might be affected if you loose it. An attorney can mediate the situation.
0 votes
Jeanne Feeni…, Agent, Basking Ridge, NJ
Fri Oct 31, 2008
Get yourself a good real estate attorney - you'll need him/her anyway for your sale assuming you can resolve the matter of agreement with your step son. Both on title requires agreement - Clear title required to close.

Good luck.

Search and connect at http://www.feenick.com
Web Reference:  http://www.feenick.com
0 votes
James Joseph, , 06281
Fri Oct 31, 2008
Hi Yvette,

Is there a third party, perhaps a friend or relative that can moderate a solution?
IF not you need legal counsel. There is a legal vehicle in some states call a partition to partition and i am sure other states have something similar. Keep in mind it is almost always better to work it out outside of a courthouse.

All the Best,

James Joseph

If you have any other Questuions please feel free to send them to me at my web site below.
0 votes
Scott Godzyk, Agent, Manchester, NH
Fri Oct 31, 2008
If he is on the deed you will need is cooperation to sell. you should seek the advise of a local real estate attorney, perhaps a written letter from an attorney will light a fire under him to cooperate with you. You should also call your bank and ask for the home retention dept, tell them what your problems are and see if they have a program to assist you. perhaps a loan modification, forebearance or allow you to do a short sale to avoid foreclosure. good luck
Web Reference:  http://www.ScottSellsNH.com
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