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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 34246
Experience:  16 years real estate, Realtor. Landlord 26 years
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I need help. I am currently on a mortgage to a home I share

Customer Question

Hello My name is ***** ***** I need help.
I am currently on a mortgage to a home I share with my wife and children 8 years ago prior to me obtaining a mortgage the home was my parents. When they divorced my father put my name and my sisters name on the deed. She was unable to be on the mortgage because she didn't have employment. My sister never lived in the home my father was just trying to be nice.
I am trying to refinance my home but my sister is unwilling to sign documents at closing. She either admits herself into a mental hospital, states she is homeless, or threatens to leave the country. She is unwilling to provide a address or any information regarding where she is. I recently got married and am now taking care of 4 children 3 are not my biological children. It's very expensive and saving money on the mortgage would really help.
What can I do to have my sister removed. She has never paid any money into the mortgage.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes and ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Are you and sister the only ones on the deed?

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How did you get a mortgage if sister is on the deed? Did she sign for you to take out the mortgage?

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thanks

Barrister

Customer: replied 1 year ago.
my father is also on the title and the mortgage. Originally my parents were on the mortgage, when they divorced my father refinance and added me to the mortgage because I continued to live in the home. At the time of the refinance he added my sister to the deed however she was unable to quality to be on the loan. She was supposed to live in the home with me and we were to share the bills. She decided she didn't want to live in the house with me. This was in 2008, now she is on a insane streak and I can't find her. She calls me from random numbers every now and then, I always asked for her to sign documents a closing so that I can refinance. 1st time she admitted herself in a mental hospital because she was hearing voices. 2nd time she said she moved to FL 3rd time she said she was homeless 4th time admitted back into a mental hospital and is leaving the country 5th time now she is traveling the world to be a famous stripper. This has been going on since 2014.
Expert:  Barrister replied 1 year ago.

Ok, thank you for that information. I am afraid that you are stuck here.. When father put you and sister on the deed, he made you both half owners of the house. So as a half owner she doesn't have to agree to do anything if she doesn't want to and can create a huge pain for you.

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The only way to force her off the deed is to either get her to sign a quitclaim deed over to you (maybe try to buy her out) or to file a "partition lawsuit" where a judge orders the property sold at public auction. At a partition sale, you would be bidding along with everyone else to purchase the house to essentially force a sale of her half of the property.

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So I am sorry to say it, but there is no way to force her to sign off on a refi if she is unwilling to do so...

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

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