What to do if I have a mortgage with my ex-boyfriend but he has not lived in the home or contributed to the home in 4 years and he won’t help me obtain a modification?

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What to do if I have a mortgage with my ex-boyfriend but he has not lived in the home or contributed to the home in 4 years and he won’t help me obtain a modification?

I tried to file for a modification with my lender last year. And again this year. They require a quit claim deed form signed and filed with the state in order for anything modification to happen. I finally got him to sign the form, when I took it to the county to file they require additional forms to be notorized in order for this to be filed. He no longer wants to sign those additional forms and the lender will not call him or send him any documents because that would be offering legal advice and they can’t do that. Is there any legal action I can take to encourage him to sign these documents?

Asked on January 2, 2013 under Real Estate Law, Delaware

Answers:

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

Answered 8 years ago | Contributor

Okay you need to seek help from an attorney to decide the strategy you wish to take here.  What do you mean he has "not contributed" at all? Does that mean the mortgage too?  Taxes?  Upkeep and maintenance?  Those are his responsibilities as the owner of the home (I am assuming he is on the deed since you mentioned quitclaim as well).  So if he has not "contributed" see if you can sue him for the back money expended.  Be aware that it may backfire and he may want to then move in to the home.  You could try and buy him out (why would he quitclaim the deed over for nothing?)  But you can use the money you expended on his behalf as a set off.  Otherwise there is an action for partition but that generally results in the sale of the home.  Get help.  Good luck. 


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