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help! | How do you get out of a mortgage when the other won't sell and can't assume the loan because of bad credit? |
The mortgage is about 5 years old on a house I part own in Colorado. I've been trying to get off the title and mortgage but my ex-fiance seems to blow me off each time. I don't care about the money I just want out he can have the house. I've told him several times but I guess he does not qualify for an assumption. Now what? I've told him over and over again I don't want to take this to court....but it may be my only option. My credit is getting hit hard because he pays the mortgage late, a lot. I can't afford the house after a career change. He's been paying by himself for years. I told him I want to sell it or just get me off the mortgage. Quick Claim will get me off the Title but not off the mortgage! The mortgage is what is affecting me credit score. It's a fairly new ranch style home in golf course community big corner lot....it will sell if he'd let it. Please help no one seems to have any answers! I've more then paid for my mistake of going in on a house and being naive!
Additional Details
Thank you for everyones suggestions. I'm very stressed about this. I'm the co he is the primary. Also he has been late paying the mortgage twice (in a row recently)by 30 days. I found out by my credit report... he never informed me he was having problems coming up with the mortgage. I would have paid if I would have known to keep my credit at good standing. Also it's a 30 yr. |
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jon g
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DOES YOUR EX WANT TO REFIN?IF HE DOES HAVE HIM EMAIL ME I DO MORTGAGE FOR PEOPLE WITH BAD CREDIT JOHNG@OLDMERCHANTS.COM |
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Skip
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There is no legal way you can get out of the contract you have signed with the mortgage company along with your ex-fiance. The mortgage company expects you to honor your contract. Also you mentioned that he misses payments so the chance of you getting off the mortgage is not all that great as the mortgage company has another person to go after in the event your ex don't make the payment.
I don't think I would sign a quit claim deed unless there is a solution to the mortgage. You will still have that to hold over his head.
There are companies that purchase part ownerships in properties, you might threaten him with that and get some money in the process. Even if you don't do it it might make him think and refinance. After five years there is equity build up.
I am not sure a court will get involved in breaking a legal contract you have made.
You might check and confer with a attorney about the late payments and the affect they are having on your credit. There might be a way to have him to force a sale of the property.
I hope this has been of some use to you, good luck.
"FIGHT ON" |
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Ms Real Estate
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TO MOEMAN63: I'm sure your comment was the last thing she wanted to hear....she asked for advice, not your self-righteous soap box comment, as if you haven't dogged a woman at some point in your life.
Anyway girl, if you don't want to buy him out, try to get him to refi so that he can buy you out. I would try to buy him out (he's probably dollar driven) and put the property on the market.
Good Luck! |
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Jonathan
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Confer with the mortgage broker that sold you the house and mortgage aggreement.
First - sign "quit claim papers" on the property - since you don't care about owning any part of it.
Carry this with you when you confer with real estate brokers about how to remove your name from the mortgage.(this shows that you really have "no interest in the property."
Find somebody to love and be loved - you need an intelligent man to lean on.
conferring with a lawyer is not a bad idea - it is just expensive and "somewhat" certain.
* sweet talk to him, to encourage him to refinance - he can refinance on his own and even lower his payments. |
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sunshine_today
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I think you need to talk to a real estate professional. This situation is a little out of the realm of yahoo answers. good luck! |
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moeman63
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Let this be a lesson to others who want to purchase real-estate with someone other than a spouse..... don't do it. When there is no "divorce" involved, each party is individually responsible for the entire debt. Bad choice..... But good luck! |
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jafnarf
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How is the property vested,You and your ex as joint tenants ??? Who was the actual primary-borrower and co-borrower on the loan ??? (need more details) Why don't you try to sell the property out from under him. If you where the primary borrower on the loan or your property is vested equally between you two it is more than likely that you could try to sell the property. The catch is that he would have to sign off on the deal or quit claim it over to you. But the FOR SALE sign in his front yard would definitely get his attention... |
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longhunter17692002
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you are in a pickle id talk to a lawyer |
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wondering in michigan
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DO NOT sign the quit claim deed until AFTER you are off the mortgage! You need a lawyer though. Good luck to you! |
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Real Estate Guy
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Find a GOOD Real Estate Attorney. You may find that you could become the aggressor and sell the property right out from under him. You may also find, depending on the circumstances, that he may be held liable for damaging your credit. Although it's hard to say not knowing all the details, one thing is for sure, you don't have to sit back and take it and a good attorney should be able to offer some options. Get tough!!! Let him start begging you to back off!!! |
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