This post has many facets and questions.
I was in a relationship with someone and we bought a house together. We are both on the title and both on the mortgage. A few years later, he took a home equity line out on the house. I signed a "permission" for it, but I've verified with the bank, I am NOT responsible for that loan (I'm not on the account), but they CAN take money from the value of the house. They said they would come after him for the money if he were to default.
Shortly after, the house went up for sale. The co-owner moved out of the house for over a year and a half and now I have someone living there to help pay the mortgage. The co-owner has not paid anything toward the house in a year, but still has many of his things still here after 18 months and refuses to get them out.
My wish would be to get him off the title and re-finance to have this to my own because he's made it clear he does not care AT ALL about this house except for any money he can get out of it to help pay his home equity loan. I really need to know my rights pertaining to the below and more:
1-The house canNOT sell in this market with his home equity loan attached. It makes us upside down in a sale. How can it be moved/taken off?
2-Can I have another roommate come in? Does he have to give 'permission' or sign something? I can't afford this mortgage on my current income without his help and he refuses to help.
3-Is there a way I can "force" him to get all his possessions out of the house as he's kept them there 18 months, paying nothing for a year? I need his stuff OUT, so I can get a roommate IN.
Thanks for any help, this has been a very complicated situation. Any other suggestions would be appreciated.