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I am the primary borrower on a home purchase loan, which I…

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I am the primary...

I am the primary borrower on a home purchase loan, which I purchased with a co-borrower 21 years ago. Save for $3K, I provided all of the funds for the down payment, closing, etc. The co-borrower completely abandoned his responsibility 6 months after the purchase, thus, I alone, have paid all of the contractual monies, which relate to the loan for the past 21 years ($408,000) and have never taken any equity from this home. Until 45 days ago, I had not seen and was unable to locate the co-borrower. I would like to refinance the loan, however, the co-borrower is blocking the refinance (which was scheduled for 11/16/17) and trying to force me to sell the home so that he can get half of the proceeds from a forced sale. What rights do I have? Can I sue the co-borrower for breach of contract?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Virginia

Lawyer's Assistant: Has any paperwork been filed?

Not yet.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I can't think of anything at the moment.

Submitted: 5 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
11/14/2017
Real Estate Lawyer: Legal Eagle, Lawyer replied 5 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 10,371
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Real Estate Lawyer: Legal Eagle, Lawyer replied 5 months ago

Thanks so much for your patience. The answer to your question is yes, you can sue the co-borrower for breach of contract if the co-borrower agreed to make the payments, but failed on that obligation.

A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court.

This website is also pretty cool because they have some state-specific breach of contract forms that you can use as well. Click here to choose your state and get started.

What other questions did you have for me today?

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