Legal Question in Real Estate Law in California

Preventing Foreclosure

First of all, we already have a partition action filed to the court against an uncooperative co-owner. We are paying the mortgage for almost a year now without the co-owner paying his/her share. We're planning to move to another place to get out of the stress that we have right now. What will happen if we stop paying the mortgage on this house while the partition is still in the court. Can we ask the mortgage company not to foreclose until the partition is done, or can we ask the court not to foreclose since the partition is in process. Or is there a way to speed up the process. Since the other co-owner doesn't want to be bought out or take his legal share of equity, and wants more than his share and creating too much trouble to us, we might decide to move on and leave this place.

If it goes to foreclosure we all got nothing, but bad credit and a loss of money. The deed says all three owners are joint tenants and all our names are in the loan Please advice us on what are the right move that we have to do.

Thanks


Asked on 12/04/04, 10:12 am

3 Answers from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Preventing Foreclosure

With proper representation, you should be able to get contribution to the mortgage or an expedited trial date. The finance company has no motivation to suspending payments. Call me directly at (619) 222-3504.

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Answered on 12/06/04, 2:26 pm
Michael Olden Law Offices of Michael A. Olden

Re: Preventing Foreclosure

i am sure you have asked your attorney who has given you good advice which is something you don't want to hear. if this is not the case do so so as to allow your lawyer the ability to know what you are panning on doing so he/she does not get cought with his/her pants down. you pay this attorney hopfully good money. don't do something stupid. if you wish a 2d opinion just say so and tell us what your lawyer said. it usually is what we would say soooooo get the point!!!!

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Answered on 12/04/04, 11:00 am
Larry Rothman Larry Rothman & Associates

Re: Preventing Foreclosure

Your attorney should try to get a pretrial order requiring the uncooperative party to pay his proportionate amount of the payment and any proportiante arreages with the alternative being to strike his answer and cross-complaint (if filed).

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Answered on 12/04/04, 11:54 am


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