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Tina
Tina, Lawyer
Category: Legal
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Experience:  JD, BBA Over 25 years legal and business experience.
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My now ex boyfriend and I signed a promissory note for the

Customer Question

My now ex boyfriend and I signed a promissory note for the purchase of a home that my mother and grandmother got the loan for . My ex put 20 grand for down payment and I made about ten of the monthly payments in the two years we lived there he paid the rest they were all paid in cash . My ex is incarcerated and on his way to do five years in prison . The home is sold and he is receiving his entire down payment back plus his equitable interest in the home. What money am I legally entitled to ? We live in Arizona .
Submitted: 2 months ago.
Category: Legal
Expert:  LawTalk replied 2 months ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Were both your name and your boyfriend's name on the deed?

2. Who told you that he gets his deposit back and his equitable interest?

Doug

Expert:  LawTalk replied 2 months ago.

Hi,

I won't be able to assist you if you are not able to provide the minimal information I sought clarification on. Please get back to me with this information at your earliest convenience.

Doug

Customer: replied 2 months ago.
Both of our names are ***** ***** promissory note. He hired an attorney and refused to agree on signing off on the sale of the home if he doesn't get that amount . Nobody has signed off on it yet I just feel like I should be legally entitled to some money also right?
Customer: replied 2 months ago.
He didn't technically go into default because he had someone else sending the monthly mortgage payment to my mother . She refused the payments . I am not sure if she has to accept the payment from anyone other than him or me or as long as it is being paid if that keeps it from going into default ? He will be moved from the county jail to the AZ state prison within two weeks . So we all have to sign off on the home sale before then . I would just like to know if legally I have right to any of the monies from the sale of the home before I call his attorney . Why wouldn't I be entitled to some money also . I made several improvements to the home to increase the value of the home without him helping at all . Please help
Expert:  LawTalk replied 2 months ago.

Good evening,

I just happened to see your response. I did not want to leave you hanging, but I am not presently working and unless you would like a phone call from me tonight---for an additional fee of $19, I will not be able to respond again to you until tomorrow morning. But I will be happy to continue this in the morning with you.

Please understand that my information requests (set out above in the form of two brief questions) are not just suggestions---if I don't have the information that I need, I have no way to provide you with any kind of a helpful, and valid, answer.

Would you mind, please, responding directly to my 2 straightforward questions?

1. Were both your name and your boyfriend's name on the deed?

2. Who told you that he gets his deposit back and his equitable interest?

Have a great evening,

Doug

Customer: replied 2 months ago.
both his name AND my name are on the promissory note . An attorney his sister hired said that is the amount he wants in order to agree to sign off on the house.
Customer: replied 2 months ago.
both of our names are ***** ***** promissory note the home loan wasn't paid off yet so my mother wants to sell the home which would pay off the remaining amount owed on the loan then my ex wants a certain amount and my mother gets an even lesser amount than my ex will receive and she was the one who took out the loan. The loan was in her name it didn't go into mine and my boyfriends name until the loan was satisfied .
Expert:  LawTalk replied 2 months ago.

Good morning,

As promised, I am back this morning to assist you. However, we are a long way from me being able to actually give you an answer in dollars, because your question---while I'm sure seemingly easy to you----is an incredibly complex issue that need a truly fact-intensive approach to get to an answer.

Here is the next round of information that I need, at a minimum, in order to better understand the facts of your situation:

1. What do you mean the house is sold? Escrow closed and money sitting in in a bank ready to be disbursed?

2. Who did you sign a promissory note for?

3. Was the original lender aware that you and your ex were the real buyers and not your mother and grandmother?

4. Were either your mother or grandmother on the deed?

5. What was your agreement with your ex when you bought the house together. Did you agree that if the house ever sold that he would get his down payment back in full before you got a dime?

6. If you put nothing down, why was your name on the deed?

7. How much equity is in the house after the mortgage is paid off and all selling costs are paid?

8. What is it that needs to be signed off on? The sale contract? The closing documents? The agreement for disbursement of funds?

9. Why was your mother refusing payments on the note?

10. While your mother was refusing payments, who was paying the mortgage?

11. What are you being offered in terms of cash to agree to the sale of the home? Anything?

12. Did the value of the property increase through market forces during the time you owned it?

13. What improvements did you make to the home that you talk about? What did it cost you out of pocket to do the improvements? What effect did the improvements have on the value of the house? Did you have that estimated by a realtor or a property appraiser?

14. Why would your mother get anything from the sale of the property? Was she an owner? She only helped get the mortgage, correct? Did she put any of her own money into the home?

15. What is it that "didn't go into mine and my boyfriends name until the loan was satisfied"?

16. Did your mother make a loan to you of her money in addition to the mortgage?

As you can see the concept of determining the amount of money that you may be owed is highly complex. There are dozens of more questions that I may have to ask based on your "fully responsive" answers to these questions.

I will again strongly suggest that you agree to a phone call so we can get to the bottom of all of this. I am only talking about $19 on top of the money you offered for a written answer. I am prepared to discuss with you in that call not just the number that you are asking for but strategies you might use and the leverage that you do have here in this discussion with your ex----these are things that I will not get to in our written discussion. So do consider the call offer.

Doug

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