Mortgage / Foreclosure

My ex-boyfriend and I bought a house together a year ago. He moved out several months ago. Asked me to sign an indemnity agreement (he pulled off internet – not notarized) accepting financial responsibility of the house. I signed it but I’m now unable to afford the house as I lost my 2nd job. Ex boyfriend threatening to sue me if I do not continue payments as his name is on the mortgage and doesn’t want a foreclosure on his credit record. Does the agreement uphold in court? Am i solely liable?

Asked on May 24, 2009 under Real Estate Law, Texas

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I'd have to read through the agreement before I could even guess.  You should take it to a real estate attorney in your area, and I'm sure she or he will have some questions to ask you, as well.  One place to find qualified lawyers is our website, http://attorneypages.com

As a general rule, an agreement isn't binding unless both sides get something out of it.  If he didn't pay you for the agreement, or give up something meaningful, it might well not hold up in court.

However, even without the agreement, your ex-boyfriend might be able to sue to force a sale of the house, and that wouldn't have to be based on missed payments, either.


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