Can an ex-boyfriend who I am still on a mortgage with force me out by short sale or foreclosure even though I am primary on the loan and still occupy?

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Can an ex-boyfriend who I am still on a mortgage with force me out by short sale or foreclosure even though I am primary on the loan and still occupy?

My ex-boyfriend and I are on a mortgage together, he walked away from it and has not lived at the property for 31 months. We agreed that I would still reside there and pay the mortgage. He just wanted to wash his hands clean of it. The lender won’t put the loan in my name as I don’t qualify on paper for a loan assumption, even though I have never short-paid or made a late payment in 31 months. I have been at my job for 9 years and have a very steady income. I would like to stay where I’m at, because I can afford it. It’s my home.

Asked on August 20, 2012 under Real Estate Law, Minnesota

Answers:

Janet Martin / Janet Martin Attorney at Law

Answered 9 years ago | Contributor

No he can not. If you are on a mortgage together I assume you are on title together? Property can not be sold if both of you are on title, without both of you signing a deed. AND lender won't accept a short sale package without both signatures either, because they will require both of your financial info.Loan can not go into foreclosure if it is current.  I would keep trying for the assumption or maybe a loan modification if you can qualify for that, but I suspect they would require boyfriend to sign even that too. Tell him to stop complaining and that he is stuck until you decide to walk away or sell.


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