MYSELF & BRO. ARE BORROWERS. WE PURCHASED A HOME FOR MY SIS. NOW MY BRO. IS TRYING TO EVICT SISTER FROM THE HOME. WHAT RIGHTS DO I HAVE AS ONE OF THE BORROWERS?

BRO. IS IN DEFAULT OF MORTGAGE CONTRACT. MORTGAGE PAYMENTS ARE CURRENT FOR 2 YRS. BY SIS. HE HAS FILED UNLAWFUL DETAINERS, EVICTIONS, AND SUED FOR MORTGAGE PAYMENT. WHEN MORTGAGE PAYMENTS GOES TO MORT.CO. ,WHAT CAN BE DONE. WHAT RIGHTS DO I HAVE AS OWNER OF 50% OF THIS PROPERTY. HE’S PAID NO INVESTMENT INTO THE PROPERTY AT ALL IN THE DURATION OF THIS HOME, SINCE IT WAS PURCHASED.

Asked on June 26, 2009 under Real Estate Law, Missouri

Answers:

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

Answered 11 years ago | Contributor

This situation sounds quite complicated, and there isn't any way to get all of the details into a short question like this. Those details are almost certainly very important here.  At the very least, I think you will need to go to court, in your brother's suits against your sister, and be a witness on her side, which I would hope would put an end to this nonsense.

There may be another approach to this as well, but that would depend on those facts, and the real estate laws of Missouri (there are differences between states).  I'd recommend talking to a lawyer in your area, and one way to locate counsel is a visit to our website, http://attorneypages.com


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