How canI make someone pay their share of a mortgage?

My brother and I own a building, but for the past 3 months he won’t pay for his half. I gave him time but by the end of the month he still didn’t pay up. I think that he wants the bank to foreclose so he can re-buy it. What can I do to make him pay?

Asked on November 30, 2010 under Real Estate Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Re-buy it how?  At the foreclosure sale? You mean because it is worth less than the mortgage amount?  It does not work that way.  The bank will not sell it to him and you both may be liable for a deficiency judgement should it be sold for less than the mortgage.  Not a good thing.  Have you attempted to try and modify the mortgage?  I doubt that you can force him to pay the bank directly becuase then you would be stepping in to the shoes of the bank and they like to do that themselves.  But you can force him to pay YOU should you pay the entire mortgage and then sue him for his half.  You would have to do this every month, however, and it could be burdensome.  And costly.  Maybe it is time to sit down and discuss alternatives here: buying him out, modification or selling the house.  You do not need this headache.  Good luck.  


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