Legal Question in Civil Litigation in Wisconsin
Mortgage Problems and Roommate
My ex-boyfriend is currently living in a mobile home that he and I purchased together. We broke up, and I moved out with the agreement that he would be responsible for keeping up on all the payments including the rent on the lot that the home is currently on. He has been late on many of the payments and we are now getting a notice for default due to his non-payment. My name is still on the mortgage and the lot rent. What are my options? His credit is too terrible to be able to refinance the home in his name. My credit is suffering horribly with every month that passes that he is late. I need to know what all my options are as far as getting my name off everything, selling the home, foreclosure, etc. Please help me! He also took a loan out with my name on it because credit wouldn't allow him to get the loan on his own. He has been late on that loan as well. Is there a way to get my name off that too? Again, any help you could provide would be very much appreciated.
1 Answer from Attorneys
Mortgage Default of Ex-Boyfriend, Options for Co-Purchaser
I cannot answer your question anonymously because I handle too many cases like this and might even be involved in this one. However, as a generally matter, I can recommend against ever making a home or other major purchase with another person who is not your spouse or co-signing a loan for another. Any problems between the co-buyers in the future are not the lender's problems, so the lender retains the right to come after either or both of you, regardless of who is in possession and equally regardless of any deals between the two of you if there is a default. Either buyer can sue the other for "partition" which is a court supervised sale of the property in question, but such a sale can only occur with the blessing (or total payoff) of the lender. If the party is possession is not on the title, the owner might have the additional option of eviction, which is much simpler and cheaper than a partition lawsuit. Finally, loan obligations are generally dischargeable in bankruptcy if the collateral is surrendered to the lender. You might therefore with to consult an attorney to go over your options, including potentially a bankruptcy attorney. Good luck.
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