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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 27274
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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I am a co-borrower but not currently living at the property.

Customer Question

I am a co-borrower but not currently living at the property. The other co-borrower lives in the home and has missed 2 mortgage payments. The last time I was in the home, there was substantial damage to the ceiling and walls from multiple leaks. Is there a way to evict the other party?
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 11 months ago.

Good afternoon. Are you and the other party on title?

Customer: replied 11 months ago.
Expert:  RealEstateAnswer replied 11 months ago.

Yes, are both on the deed?

Customer: replied 11 months ago.
No, unfortunately I quit claimed myself of the deed so the co-borrow could do a loan modification. I was under the impression that the co-borrower would assume the entire mortgage. Now that she's behind, the bank is calling me and I learned that I'm still on the loan.
Expert:  RealEstateAnswer replied 11 months ago.

Thank you for the reply. Yes, if you assumed the loaned and are now on it as a co-borrower, the bank can go after either or both of you. In order to evict the party who lives there, you would need to be the sole legal owner. If they are on the title/deed with you, they have a shared ownership interest in the home and you can not evict someone who can legally be there, as the owner. In a situation like this, if the home is at risk from their neglect, you do need to enter and make the repairs and then can sue them for the shared cost in doing so. The other option as a result of their conduct, would be to ask the Judge to force the sale/ partition it, so it can be sold and then you will not long have the financial obligation.

Customer: replied 11 months ago.
Dang. That's what I thought...
Expert:  RealEstateAnswer replied 11 months ago.

I know I am sorry. I wish I could have delivered better news but I have an obligation to be upfront and honest with you

Expert:  RealEstateAnswer replied 11 months ago.

Is there any equity in the home?