Legal Question in Real Estate Law in Illinois

Potential forclosure question

i currently own a condo with my girlfriend. We have since split from eachother. I put down the full down payment. She is the only one on the mortgage, but we are both on the title. She has threatened to stop paying the mortgage. If I continue to pay her for half the mortgage, but she doesn't pay the mortgage(even though she has the ability to pay)and the bank forecloses on the condo, can I sue her to recover my downpayment?


Asked on 12/11/07, 10:24 am

1 Answer from Attorneys
Joseph Michelotti Michelotti & Associates, Ltd.

Re: Potential forclosure question

Best to be active rather than reactive.

File a partition suit, This will: 1. force sale; 2. allow her to buy you out; or 3. allow you to buy her out.

This way you will no longer be dependent on her.

check out my website -

www.michelottilaw.com

email me if you have any questions - [email protected]

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Answered on 12/11/07, 11:43 am


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