Angelica Nav…, Home Owner in Dallas, TX

Question about being left to pay mortgage

Asked by Angelica Navarro, Dallas, TX Fri Mar 14, 2014

My ex boyfriend moved out of our home last May and stopped his payments on our mortgage. I am trying I prepare the house for sale currently. One of my realtor friends told me I can hold him legally responsible for breach of contract, since he simply moved out and cut off all communication with me. Is this true in the state of Texas? I can provide proof that he stopped paying, as I have saved all our conversations. Any advice?

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Phillip Madi…, Agent, Dallas, TX
Fri Mar 14, 2014
Unfortunately as Realtors we are not permitted to give legal advice. I would recommend seeking an attorney to help you.

I am able to help sell your home for top dollar though. If I can help in anyway please let me know.

Phillip Madison
2 votes
Dallas Texas, Agent, Dallas, TN
Fri Mar 14, 2014
1. You need contact an attorney
2. WHY - legal issue outside of scope of Realtor's profession to render an opinion
3. If he is on title requires his signature at closing
4. Any net profit COULD be split between you both

I would be interested in assisting you list your home for sale HOWEVER if property in both of your names it would require you BOTH sign the listing agreement.

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1 vote
Jason Todd, Agent, Frisco, TX
Tue Mar 18, 2014
I would definitely get some legal advice on this one.
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0 votes
Blake Harris…, Agent, Dallas, TX
Sun Mar 16, 2014
Focus on getting the home ready for a sale so that it is as perfect as can be so you will realize the highest price. Then, seek legal advise on how to proceed. Don't waste your time trying to get "legal" advice from online sources, or even a Real Estate Agent. Your situation deserves solid advice so you don't waste your time going down the wrong trail!
0 votes
John Juarez, Agent, Fremont, CA
Sat Mar 15, 2014
Too many loose ends for a quality answer.

Are both names on the deed? How about the mortgage? What "contract" did he have with you?

If you want to know how any of this affects you in a legal sense you will have to ask an attorney.
0 votes
Linda Fisher, Agent, Humble, TX
Fri Mar 14, 2014
I am very sorry this happened to you , However you need to contact attorney for legal advice.

did you purchase the home in both your names ? If so he may be responsible, ask attorney.

, even to list the home for sale you may need his signature on listing agreement, It would be in his best interest to communicate with you and get the home listed, so both your credit would not get messed up.

Good Luck

0 votes
Anne Bokalo, Agent, CANTON, TX
Fri Mar 14, 2014
If he's on the mortgage, you need his signature to sell the house. If he's not then you only had a verbal agreement for him to pay the mortgage and you have no recourse. On the other hand he can't get any money from the sale of the house if he's not on the mortgage.
0 votes
Alan Noel, Agent, Dallas, TX
Fri Mar 14, 2014
The first thing to look at is your Note. Did both of you sign it? Just one of you? There is no breach of contract unless the loan is not being paid, assuming you are talking about the contract between the borrower (you?) and the lender. If you are paying the loan now, then sell the house, take whatever equity (money left over from the sale after the loan and selling expenses are paid) and move on. If he isn't in contact then maybe he won't come looking for his share of the equity.

Alan Noel
Dallas City Center Realtors
0 votes
Michael Brow…, Agent, Allen, TX
Fri Mar 14, 2014
It is best to seek legal counsel, real estate agents are prohibited from providing legal advice!
0 votes
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