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Ellen, Lawyer, Consultant
Category: Legal
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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My ex fiancee & I were buying 2 lots to build on in Springfield,MO.

Resolved Question:

My ex fiancee & I were buying 2 lots to build on in Springfield,MO. We broke up in Sept., now he doesn't want to pay anymore and trying to force to sell with the low economy, my name is XXXXX XXXXX tax records only and my 2 CD's are attached to the load..where do I stand?

Donna Purcell
Submitted: 6 years ago.
Category: Legal
Expert:  Ellen replied 6 years ago.

I am an attorney with 25+ years of legal experience and am working diligently on your answer while I await your response.

Please tell me:
whose name is XXXXX XXXXX contract to purchase?

Customer: replied 6 years ago.
The only papers I have are the realestate papers don't think they say that but his name and my name are on some papers but on some only my name. Tax records are only in my name. Bank loan is in his and my name, mine's 1st and he is second. Bank told me they would not contact him if he stops paying because I am #1 and they have my CD's attached as collateral.
Expert:  Ellen replied 6 years ago.
You previously stated you were purchasing the property. Now it appears that you have already closed. Is that correct?

If so, please look at the title insurance policy and tell me who is the stated owner
Customer: replied 6 years ago.
To me it looks like Donna K Purcell and Gus L Johnson...but why would just my name be on the tax record?
Expert:  Ellen replied 6 years ago.

So sorry to hear of this dilemma. If my answer is not clear to you, please ask me for clarification by using the reply button.

It may be that since your name is XXXXX XXXXX that the tax recorder only picked up your name

Unfortunately your ex may file a partition action to force the sale of the property.

A partition action exists when real estate is owned by two or more people who are in disagreement over the sale or management of the property. It involves filing a court action requesting that the court order the forced sale or division of the property.
Customer: replied 6 years ago.
Who do I need to contact to know for sure his name is XXXXX XXXXX lots and not just mine, a realestate lady he called to list the lots told him he could not list them because they are just in my name. I need to have verifacation either way if just myself or the two of us are listed. Thank You..Donna
Expert:  Ellen replied 6 years ago.
Yes it is critical to know how the property is titled. You may go to the property recorder's office in the County where the property is located to view your actual deed
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