Legal Question in Real Estate Law in Michigan
Partition Law Question
The jist of the situation is that I own a loft with another person. I have not lived there for over a year and a half and have proof of that. I still however have made payments to the other person living there thru an agreement we have to fullfil my obligation to the mortgage. I no longer want anything to do with it since she has been late on the payments 8 times. I understand a partition lawsuit is probally the best route. My main question is that if I stop paying her anything towards the mortgage payment before I file for one, can she sue me? She clearly cannot afford this place but wants to still live there and she won't sell it. Im just wondering what she can legally do to me if I were to stop paying? Thanks so much!
2 Answers from Attorneys
Re: Partition Law Question
She could sue you, however, it won't help her keep the condo if she isn't sending in the payments to begin with. You might have a cause of action yourself because she didn't always send your payments into the mortgage company, so she converted the funds (at least that is what it sounds like). A foreclosure is going to have a negative impact on both your credit and hers, and will happen if the mortgage is not being paid by either of you unless you can find someone to buy the condo.
If a foreclosure happens and there is a deficiency, the mortgage company will go after both of you.
Re: Partition Law Question
She could sue you or you could sue her. The mortgage company will sue you both if you default. I can assist you in this matter. Visit www.kliszlaw.com to discuss. Tim Klisz
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