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Roger, Lawyer
Category: Real Estate Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I am in right to survivor mortgage with my brother. He has

Resolved Question:

I am in "right to survivor" mortgage with my brother. He has taken over the house-5 dogs, landscaping trucks in the driveway and I've been rduced to the basement apartment. How can I get out of this without forfitting everything?
Submitted: 6 years ago.
Category: Real Estate Law
Expert:  Roger replied 6 years ago.

The only way you can be released from the mortgage is if the lender agrees or the note is paid off.


You can file a petition to partition the property, which forces the sale of the house, and after the mortgage is paid off, the proceeds will be split between the owners. The other owner cannot stop this process.

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