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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 32146
Experience:  16 years of legal experience including real estate law.
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My daughter purchased a home in Sept.,2008 with a partner. They both signed a mortgage and

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My daughter purchased a home in Sept.,2008 with a partner. They both signed a mortgage and split all costs. In Jan.,2011 the partner made his last contribution, told my daughter she could have the property and moved to Idaho. This was a mutual agreement, no legal papers signed. My daughter is now married and resides in the property as a permanent resident and has made all mortgage payments and paid expenses associated with home ownership without financial help from the ex-partner since Feb.,2011. Short of refinancing the property are there legal steps to prevent him from claiming 50% of the profits upon sale?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. Before I can give you an accurate answer to your question, please provide the following additional information:

Is your daughter's ex willing to sign over title to the property to her in return for an agreement to pay him a lump sum of money when it is sold?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.

She has not discussed that issue or any other solution with him. Also, as far as I know they are on good terms.

Expert:  Tina replied 1 year ago.
I see. Thank you for clarifying the situation for me, George.

Refinancing and having her ex sign a quit claim deed transferring the property to her is normally the best solution under these circumstances. However, if refinancing is not feasible, her ex may be willing to sign title over to her with a promise to pay a sum of money representing his interest in the property.

The only problem with that, is the loan agreement may have an acceleration clause if they attempt to transfer the property, but if she remains current on the mortgage, the lender will not typically exercise their right to accelerate the loan. But it is best to review the loan documents to see whether they have reserved such a right.

Another option is for your daughter and her ex to simply execute an agreement setting out the amount he agrees to be paid from the proceeds of any sale, which could be used against him if he attempted to assert a greater interest at a later date. That way your daughter would not have to worry about the lender accelerating the loan while having some reassurance that he will not seek 50% of the proceeds from the sale of the property when it is sold.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Customer: replied 1 year ago.

He is putting my daughter in a corner. He has told her that the only thing that will satisfy him is to be completely off the current mortgage, which forces her to refi. I suggested to her that she keep current on the property and let him worry about his credit borrowing power.

Expert:  Tina replied 1 year ago.
Hello again, George. I see.

If he is willing to take legal action, it could get difficult for your daughter since he could seek a partition of the property, which usually results in a forced sale. So he does have some leverage, if he is willing to take legal action, to compel her to refinance.

If he is not willing to file a lawsuit for any reason, then she could simply refuse to refinance at this point and deal with the situation when she is prepared to sell the property.

Customer: replied 1 year ago.

Would having a quit claim deed alone serve any purpose? From what you are telling me, a signed monetary agreement prior to sale is good, but should it or any other written agreement between the two individuals be notarized? It appears the cleanest route would be to refinance. Even though he is not contributing he holds a full deck in California.

Expert:  Tina replied 1 year ago.
Hello again, George.

He doesn't hold all the cards, but if they both wish to avoid a lawsuit, it is best to come to an agreement. Yes, a quit claim deed would typically show to the world that he is transferring the property to your daughter and releasing any claims he has on the property.

However, a signed contract would typically be good as well and it should be notarized so he cannot later claim that he did not sign it.

Yes, to sever all ties and settle the matter now, a refinance and quit claim deed would typically be the best option.

Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 32146
Experience: 16 years of legal experience including real estate law.
Tina and other Real Estate Law Specialists are ready to help you
Customer: replied 1 year ago.

Can the agreement be drawn up by the individuals involved or is it advised to have a lawyer, as yourself, draw up the document(s)?


How do we write up an agreement based on negative value of the property at the time he walked away? Do we throw him a bone and hope he walks away with it?

Expert:  Tina replied 1 year ago.
Hello again,

The site's TOS we both agreed to prohibit me from representing customers through this forum and I cannot communicate with you outside this forum, so I cannot represent your daughter in drafting a contract, but it is definitely advisable to retain an attorney for that purpose.

Yes, I would typically offer a minimal amount if the property did not have any equity at the time he left, just to close this issue and move on.

Customer: replied 1 year ago.

Tina, Thank you for your valued advise! You have given us direction to resolve the issue.

Expert:  Tina replied 1 year ago.
You are very welcome, George, and all the best to you and your family!
Expert:  Tina replied 1 year ago.

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

Note: Please feel free to request me if you have future legal questions by typing your new question in the question box on my profile page. Here is a link to that page, which you can bookmark or add to your favorites: http://www.justanswer.com/law/expert-tina/. I look forward to hearing from you again should the need arise.

Customer: replied 1 year ago.

Hi Tina. We started the refi. process and received notification that there were 5 liens (in the partners name) against the property. Phone calls tell us the 3 minor liens are cleared. We are investigating the remaining 2 liens. One lien placed on the property in 2008 was processed against the partner in 2006 for $3,000 and his second lien is from the IRS in 2010 for $14,000. He walked away from the property approximately 6 months after the lien was placed by the IRS. My daughter knew nothing about these liens until applying for refi. She needs to sell before any more liens are attached. Can she negotiate a settlement with the IRS and remaining


lien prior to sale? Is there legal recourse against this jerk?

Expert:  Tina replied 1 year ago.
Hello again, George. I'm very sorry to hear there are liens against the property now. Yes, your daughter can try to negotiate a settlement with the lien holders to get the liens released and that would be advisable if her former partner has agreed to sign title of the property over to her.

Then, after the property has been refinanced, she could sue him for the amounts she was forced to pay in order to get the liens released since they are not her obligations.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Customer: replied 1 year ago.

Tina. If the property is sold and not refinanced can she still sue for the liens paid? What court system would a lawsuit be filed with and is it advisable to seek a lawyer if a lawsuit is necessary?

Expert:  Tina replied 1 year ago.
Hello again, George.

Yes, she could still sue her ex for the proceeds from a sale of the property which are used to pay his liens rather than being paid to her. The suit would normally be filed in the state court where her ex resides.

Yes, I would retain an attorney for such a case since it is not a simple breach of contract case, but she would be seeking indemnification from her ex.
Customer: replied 1 year ago.

Tina, Thank you for your advise. On Monday, July 8 I rated your service as "excellent".

Expert:  Tina replied 1 year ago.
Hello again, George. I appreciate the rating of my service. The questions about the liens should have been posted as a new question with a new deposit posted but I answered them in this thread for the sake of expediency since I am not working most of today. That is why I asked for another rating. Site policy typically requires that a new set of questions requires a new deposit and rating. Thank you.
Customer: replied 1 year ago.

Tina. I understand. I will provide a rating regarding your service and pay for the new information because your online service has been so helpful for such a minimal fee. The JustAnswer web-site is misleading regarding offering free service or additional help to current customers. The additional help offered toward a recent issue does not indicate that an additional fee will be charged. Your JustAnswer site asks if there are additional questions regarding the previous real estate law issue or do I want a 7-day free unlimited membership plan. Thanks again, George

Expert:  Tina replied 1 year ago.
I will send a message to the site about this as customers should not be misled about whether there is an additional charge. Thank you for bringing this to my attention and for your consideration.
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 32146
Experience: 16 years of legal experience including real estate law.
Tina and other Real Estate Law Specialists are ready to help you
Customer: replied 1 year ago.

When I attempted to submit my current rating it then states that I previously submitted a rating and that a new rating requires an additional fee. When I presented my current concerns about my prior real estate question to you there was no statement regarding a new fee. George

Expert:  Tina replied 1 year ago.
Hello again, George. I am reporting this to the site now. Someone from customer service may be contacting you.

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