Legal Question in Real Estate Law in Pennsylvania

I cosigned with my moms fiance on a morgtage a few years ago. I am both on the mortgage and deed. I am married and this property is now a liabilty for me as he is always late on payments. Can I legally force a sale of the home?


Asked on 7/20/10, 1:08 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

As a co-owner of the property, you may ask to have the fiance buy out your interest, or, if he cannot, go to court for a "partition". This asks the court to order a sale. After payment of all of the liens on the property, including the mortgage, taxes, Realtor commissions, and closing and court costs, any remaining money would be divided between you.

You are responsible on the mortgage and related debt, and your credit would be hurt by allowing the mortgage to go to foreclosure, so continued late payments will affect your credit. It is probably in your interest to make the payments and seek to sell the property. You and your mom's fiance would be better off doing this by agreement rather than having to go through the court process. In your agreement [have it in writing], you may allocate interests so that you recoup your contributions to maintenance and payment on the property.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 7/20/10, 5:48 pm


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