Legal Question in Real Estate Law in Ohio

Homeowner abandoned with mortgage, possible to sell home?

Help?

Here's the situation. After being together for 13 years unmarried a couple seperates leaving the primary home mortgage in limbo. The mortgage is currently under three names. The names of the couple and the man's father. The woman of the couple has purchased another home in another state and is currently being pursued by the bank for non payment of her mortgage on that home while the man's father has moved to an unknown location. This has left the man with a mortgage of about $85,000 on a home appraised at $150,000. For three years he has had to bear the entire burden of this homes cost with no support from the other parties whose names are on the mortgage. He is having increased difficulty in month to month payments but cannot sell the home due to the fact that the other parties whose names are on the mortgage are unavailable. He is considering leaving the house for the bank to reclaim at a total loss of all he has put in to this house without any help! As I have stated the house is valued well above the current amount of the mortgage and is in great condition. How is it possible for the man to get out from under this mortgage without the other parties being available? Any help in this matter would be great.


Asked on 9/02/03, 11:26 am

2 Answers from Attorneys

Re: Homeowner abandoned with mortgage, possible to sell home?

You stated 3 people are on the mortgage. From your comments, I think you may also be meaning that 3 people are on the deed. If only yourself were on the deed, you could refinance and pay off the mortgage without their consent. If all 3 are on the deed, you could not do anything without them. You could bring an action to quiet title prior to a refinance, but you will need to do a diligent search for the other two and publicize in the newspaper. Sounds like you could locate the woman involved.

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Answered on 9/02/03, 11:54 am
Philip Schmidt Brady, Coyle & Schmidt, Ltd.

Re: Homeowner abandoned with mortgage, possible to sell home?

In addition to the quiet title action (in which you claim to be entitled to the property) mentioned in the earlier attorney's response, you could also (or in addition) file a partition action asking the court to order the property sold and proceeds divided. In that action you could ask for a larger share of the proceeds based on your greater contribution to the payments and maintenance on the property.

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Answered on 9/05/03, 8:41 am


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