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My boyfriend's name is on the deed to our house. He claimed…

My boyfriend's name is...

My boyfriend's name is ***** ***** deed to our house. He claimed bankruptcy and discharged the mortgage however. He decided to move out and rent an apartment. I can afford the mortgage and he can't. In fact, the mortgage was based on my income only. I am continuing to live here and I want to keep it. The value is just beginning to rebound due to the market and multiple foreclosed comps. But, the amount owed is still more than the current value. A complaint of partition forces a buy out or sale. Neither seems reasonable considering the aforementioned details. He is attempting to negotiate lawn mowing in return for storage of his car. He may think he is avoiding some sort of abandonment of property issue I suppose. How do I get his name of the deed so that my young granddaughter and I can continue or lives without his continued emotional abuse that seems inescapable as long as he holds property rights that give him access? I'm not certain I can even change the locks! If a sale was forced only I would be liable for remaining amounts owed to the bank because of his bankruptcy. Is there any way out? He won't agree to a quit claim.

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

PA

Lawyer's Assistant: Has any paperwork been filed?

No

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

I think I covered it.

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Answered in 25 minutes by:
3/9/2018
Bruce Schreiber
Category: Real Estate Law
Satisfied Customers: 863
Experience: Attorney At Law at SELF
Verified

Welcome & thank you for your question. I am the professional that will be assisting you. I am reviewing your question & will be with you shortly.

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When you bought the house together, was there any agreement between you regarding the sharing or splitting of expenses of the house? You indicated only your credit was considered for the mortgage... was it also only your down payment money? Did he contribute?

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Customer reply replied 5 months ago
He worked for a now MIA mortgage company owned by a buddy of his that fell off the face of the earth. This was 2007 in the heyday of shady mortgages. There was no agreement for splitting or sharing expenses as you mentioned. It would have been amusing considering his lack of income. Paul had just begun the job so the bank did not have a current income history of substance. The mortgage company claimed there was a down payment but there wasn't. They played with numbers somehow. Paul has no trail of funds coming from him. A few years back we got a mortgage modification at the same time Paul was claiming bankruptcy. Paul is not financially able to fight me at this point or in the near future.

It appears he has never contributed to the ownership, except that his assumption of liability by signing the original mortgage can be considered his contribution. However, now that he has had that obligation nullified in Bankruptcy, you can easily argue in an action in Court to remove his name from the title that he has never contributed and therefore has no "equity" in the property and his ownership rights should be terminated. You can even argue that he committed fraud by signing the modification while in Bankruptcy. I'm certain he didn't disclose that in the modification application. Of course, all this begs the question; Are you still a couple?

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Customer reply replied 5 months ago
He did contribute for a number of years, beginning a couple of years after we got the house until about 4 years ago when he blew up to 470 lbs., lost his business , which I also helped with, and immediately pursued disability. And got it. He was not working when we filed for modification. Then he filed for bankruptcy as a strategy to gain another year of immunity to foreclosure. We are not a couple. In fact, I have attempted to break free but was not able to get him to leave without it resulting in explosions of rage. He had now lost weight with gastric bypass and a hip replacement while living off my ability to show mercy. Now he finds it suits him to move on. Yay. Bitter? A bit but, more disgusted nails it. Is there liability in allowing him to trade lawn mowing for storage of his Challenger? Also, are you local to the Nazareth area of PA?

As far as the trade is concerned, I don't dee a liability issue because if he gets hurt, or something happens to the car, he is an owner and he cannot sue himself for damages. The bigger question is why you would want him around.

I think you need to start a partition action hoping that the Court will look at all the evidence and determine that his ownership percentage is rather limited based upon the evidence of his actions. Your buyout, therefore, may be minimal. In fact, if the value is below the encumbrance his equity is nil.

If you would be kind enough to rate my service positively so I will receive credit for my work I would appreciate it.

The site does not credit the Attorneys unless the customer rates our service positively. Thank you for your consideration. Please feel free to ask more questions and I will be happy to continue to assist you.

Thank you for using JA! We appreciate your business.

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I'm afraid I am not in your area.

Bruce Schreiber
Category: Real Estate Law
Satisfied Customers: 863
Experience: Attorney At Law at SELF
Verified
Bruce Schreiber and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 5 months ago
I will gladly rate you highly as I am appreciative of your help. My brain is always deep diving so I will likely reach out when a light bulb goes on. I am on LinkedIn if you would like to network. Wanda Blue Accountable Healthcare National Director of Business Development. I will take your advice. Your question is valid. I don't want him around. Empathy is a persistent character flaw of mine. Mercy dating is another one. I've psychoanalyzed it but am still working on my ability to say kiss off. A strong case will blunt that tendancy. Thank you again. Stay tuned for your rating.

Best of luck.

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