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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 33101
Experience:  16 yrs. of trial experience
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I back in 2008 obtained Montage home that my Brother could

Customer Question

I back in 2008 obtained Montage for a home that my Brother could not get because his credit was not good. He agreed to make all payments and did so until nine months ago then he stopped making the payments so I have been making $1,620.per month payments for the past 9 months and he isn't living in the home. He still has property there and has the utilities on but has not made any payment either inpart or whole to the tune of $15,000. I live in Mustang Oklahoma and have to either continue to make the monthly payments or ruin my credit because of his untrustworthy actions of not paying them. What are my avenues and what can I do for relief of the financial burden that this has placed on me.
Thank You : Bobby
Submitted: 11 months ago.
Category: Legal
Expert:  P. Simmons replied 11 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

Can you tell me, who is on the title to the home?

Customer: replied 11 months ago.
Just me
Expert:  P. Simmons replied 11 months ago.

THank you
Is there equity in the home?

Customer: replied 11 months ago.
He purchased the home for 180k now there is still 142k owed and the home is appraised at 200k but that's in a good market.
Expert:  P. Simmons replied 11 months ago.

Thank you

SO what is your goal here...are you considering selling the home (to remove the mortgage)?

Customer: replied 11 months ago.
I just want to get the money back that I am out and get out of the mortgage.
Customer: replied 11 months ago.
Either I would sell the home or lease it out not sure. But I do know that I am no different from a mortgage company and if you fail to make your payments you are forclosed on and you loose everything you have invested
Expert:  P. Simmons replied 11 months ago.

Thank you

I would sell the home.

What you are describing there is plenty of equity in the home to support the sale and commission.

Now...you will need to "evict" your brother before you can complete the sale...so you will want to give your brother notice, in writing, and at least 30 days to "clear out" the home. If he refuses, you can dispose of the items as you like.

Then sell the home.

If the home is in your name, you absolutely have the right to sell it.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 11 months ago.
I have tried the eviction process and went before a small claims judge today and she informed me that I was in the right Church but the wrong pew. Told me that I would have to file a suit in a higher court to get anything done and in the mean time I have to continue to make the payments or get my credit ruined. The deadbeat brother I have sure cant be trusted to make the payments. What can I do quickly
Expert:  P. Simmons replied 11 months ago.

No...NOT small claims. Go back to the court and talk to the clerk of the court. It is typically called "housing" court or similar name. If you have given notice to move and he has not, you can get an eviction order.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Expert:  P. Simmons replied 11 months ago.

Follow up,
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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