If a father and daughter are on a mortgage and the one accountable for paying the mortgage is not paying it, what can be done?
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If a father and daughter are on a mortgage and the one accountable for paying the mortgage is not paying it, what can be done?
Father and daughter each own 50 of a 10
acre property. Mortgage on the house on the
property is in both names but the father is
responble for paying the mortgage but is
spending the mortgage money on other items.
Daughter has paid 6000 in mortgage because
of his failure to pay it so far.
Asked on February 4, 2019 under Real Estate Law, Alaska
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
1) The daughter can sue the father for violating the agreement (even if only an oral or unwritten one) between them that he would pay the mortgage.
2) The daughter can bring a legal action traditionally called an action "for partition" (your state may have a different name for it) to get a court order that the property be sold and the proceeds (after paying the mortgage, any other liens, and costs of sale) be divided between the owners, to get out of this situation, where she is liable for a mortgage not beng paid.
Note that if the mortgage is not paid by either of them, the lender can foreclose. It can could also, at its option, sue either or both people on the mortgage (father and/or daughter) for the money.
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