Legal Question in Real Estate Law in Massachusetts

If I petition the probate court for a new deed due to the co-owner on my property has abandoned it since 2006, will the judge issue it? The co-owner refuses to cooperate with the mortgage Co. Wil not agree to a short sale and refuses to sign over the deed even when I offered him money to do so. I am trying not file a chap 13 and the mortgage Co will not grant a loan Mod as long as he is on the deed.

From what I hear the petition to partition is costly and timely. The mortgage Co. wants to foreclose. Is there any protection in Mass Gen Laws that protects me from his actions.

Thank you

Hopeful in Taunton


Asked on 2/17/10, 5:56 pm

1 Answer from Attorneys
Jonas Jacobson Law Offices of Jonas Jacobson

My question for you is why the co-owner will not agree to a short sale. Is he an ex husband out for revenge? What does he stand to gain by refusing the short sale? Partition can be a lengthy process. Have you looked into obtaining an injunction against the foreclosure pending partition? Sometimes the banks are unreasonable because, once they reach a certain point, they can't stop themselves.

Talk to an attorney.

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Answered on 2/22/10, 6:12 pm


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