Legal Question in Real Estate Law in California

Unmarried Joint Tenants Dispute Resulting In Foreclosure

I purchased a home with my fiance. The loan is in his name only and we are both on title as unmarried joint tenants. I contributed half of the down payment and closing costs at time of purchase. I have paid half of all mortgage payments and any expenses to maintain the property. We refinanced our home in December of 2003 with our first payment due February 2004. He moved out shortly after loan funded. I occupy the property and made payment in February. Our loan was sold to a new lender the following month and he blocked me from obtaining any information on new lender. I have been unable to make our mortgage payments. I petitioned for the home to be sold with the courts in January. It is now September and my attorney has failed to resolve this matter and my home has gone into foreclosure. The other party has expressed his desire to let the home go and I am still unable to get any cooperation from the lender as how to save my home. I have been unable to refinance or sell the property without his signature and I am running out of time. What rights do I have as joint tenant? Will the lender give me a chance to sell or refinace my home even though I am not on the note? Please advise on what options are available to me.


Asked on 9/27/04, 6:00 am

2 Answers from Attorneys
Scott Schomer Schomer Law Group

Re: Unmarried Joint Tenants Dispute Resulting In Foreclosure

The petition for sale should allow you to sell the property. Talk to the lender about escrowing your monthly mortgage payments. You can also ask the court enjoin (or prevent) the sale while the partition action is pending.

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Answered on 9/27/04, 12:10 pm
Larry Rothman Larry Rothman & Associates

Re: Unmarried Joint Tenants Dispute Resulting In Foreclosure

You should first find out what your attorney has done. If your current attorney has not done anything, we will need to review all documentation that you have, including what you sent your attorney in order to help you and advise you.

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Answered on 9/28/04, 9:33 am


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