Legal Question in Real Estate Law in Iowa

My boyfriend has recently moved in with me. He has two children with another woman and they lived together in a home for eight years. He was the only one working. Currently she has a job with transcription services on the internet for a company based in Australia and is making approximately 600.00 a month. He has made the mortgage payment on his own for the last eight years. He provided the money in the past for her to pay the bills only for her to put the house into foreclosure status three times. Then he had to get the home out of foreclosure each time. She provided no financial assistance.

He has a loan through the USDA where they receive a subsidy to help with the mortgage payment. With both of their names on the loan how can he get a release of liablity to get his name off of the home and just walk away considering it is a USDA loan or can there be a court order for her to make the mortgage payment although she will not be able to afford it even with his child support payments. She does not want to leave the home. If she does not make the payments and there is a court order and his credit is damaged as a result can we get that repaired?

Can we get a court order to sell the home? What would the best move be in regard to the home?


Asked on 10/21/10, 12:56 pm

1 Answer from Attorneys
Thomas Moens Moens Law Offices, Chartered

You would need to discuss your situation in detail with an attorney to be advised of what the "best move" would be. Some general thoughts: I doubt the lender will agree to remove one of the borrowers, especially when the other individual cannot show that she can make the payments. What would be their incentive to do so? His only options may be to keep making the payments or to file a partition action, in which the likely result is that the court will order the property to be sold. If she is not able to make the payments, it may be unrealistic for her to be able to keep the property.

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Answered on 10/26/10, 1:28 pm


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