Legal Question in Real Estate Law in Massachusetts

a 50% joint tenant trying to prevent foreclosure

I own 3 properties with someone jointly. I have been unable to negotiate with this person regarding a partition. I currently have a complaint for partition filed. He holds a loan for the property and has not paid it for 6 months. To avoid foreclosure I must pay it off. I have not lived at the property for 3 years and he does. What are my rights in this case? Can I get him out before partition trial?


Asked on 10/27/03, 7:19 pm

1 Answer from Attorneys
David Baker Law Office of David Baker

Re: a 50% joint tenant trying to prevent foreclosure

You should have a lawyer helping you with this; cases of this sort can be tricky even for lawyers! I would ask the Land Court (where I assume the partition action is pending) for a temporary restraining order preventing foreclosure, and at the same time I would be looking for new financing. The fact that the co-owner hasn't made payments works in your favor, I would think. Best wishes.

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Answered on 10/28/03, 9:15 am


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