default
my brother rented my house for over 5 years, he paid the mortage payment with payment book instead of giving me the money and making the payments. he move out after 1 weeks notice and left owing 5 months of mortage payments behind. now the house is in foreclosure and i need the unpaid monthly payments to re-instate my loan but he wont pay. all we had was a standard rental aggreement. is there anyway i can take him to small claims court and force him to repay me ? or do i lose the house and he gets away scott free?
1 Answer from Attorneys
Re: default
Was your rental agreement written and signed?
You may be able to get a judgment against him for the unpaid months. Collecting could be a different matter. Does he have a job or any money? If he doesn't have any money, you may not get anything except a judgment. The judgment is generally good for 10 years, but it may or may not help you now.
You need to do what you can to take care of your mortgage. Talk to the people that own the mortgage (bank, mortgage co., etc.) and try to negotiate with them on paying back. Explain the situation, and try to come up with some of the back payments you owe.
If they do foreclose, be sure you protect your equity for what you have paid in.
If your brother has any money you can collect from him, you may want to consider having an attorney help with the collection process. It might help on the collection and on how fast you get it.
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