Legal Question in Real Estate Law in Virginia

Co-owner is MIA, Wish to re-finance

In August of 1996 I purchased a home with a former friend. After several months he no longer contributed to the mortgage or utility payments and I have this on record, yet he continued to live in the home.This person moved out while I was away in the summer of 1998 and left no forwarding information. I have tried every resource available to try to find him yet he has just disappeared. I am desperate to remove him from the title so that I may refinance my mortgage. How can I do this if he can not be located??


Asked on 3/01/00, 12:29 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Co-owner is MIA, Wish to re-finance

Not easily. You probably have to file an action for sale in lieu of partition, in which the Court will order the property sold and the proceeds divided. You can buy it at that sale, and thus refinance. You will have to serve the co-owner by publication. This is a complicated process, but it may be your only option if you can't locate the person. Have you hired a private investigator?

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Answered on 3/13/00, 9:08 pm


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