Can You Lock Your Ex- Out of Your Property if He is a Mortgage Co-Signer

My question involves landlord-tenant law in the State of: Tennessee.

After a unmarried, relationship it's time to part ways. The land deed is in my name only. The original mortgage, for a new construction, was in my name only. Re-financing caused the lender to call for his name to be added to the mortgage loan. This is a mixed-use real-estate property containing a non-operating business held in my name, with business property inside. For nearly a year, I have been bullied into paying the full mortgage payment by myself, in order to protect my credit, and a piece of collateral real estate, after he managed to have it two-months in arrears.

Payments are now current. There are two residential apartments on property, where we have been residing in one, together. He pays some part of the utilities, and will buy groceries that he shares, in part. The handwriting has been on the wall. I believe he realizes his position is "up the creek without a paddle", as far as not being included on the deed, yet is mutually responsible for the mortgage. He has moved much of his personal property and work tools to a storage facility, but not clothing. He is stubborn about moving a car, two old trucks, and two trailers. He is currently working out of town.

I suspect he will return and grow fast into a foul mood, when he finds his personal items in the other apartment, with signs directing him into there, instead of on my now-private-side. The other apartment never had furnished appliances; I've reduced the cable-TV bill where he will have no viewing pleasures; and, propane fuel has run out for heat. I am keeping quite warm using space-heaters.

Although he makes his living in construction and renovation, he's purposely made conditions occur, as to property neglect, allowing hazardous conditions to persist, and trashing the property, so it appears problematic to potential interested buyers. I had it listed to sell, but with the building addition he caused to go over a property line, with septic field lines, not one interested person even looked. I am correctly those two problems now, so I can re-list it for sale, or do a quick-paced auction, just to be able to move on.

The thought of him next door is not pleasant. I go back and forth between wanting to evict, but with the mortgage loan, wonder if I have that right. Then, I consider setting up a week-to-week rental agreement, with enough restrictions to make him want to pack it all up and ride into the sunset. Having him on property restricts my own movements, since he has keys to the business and this apartment.

Changing locks would be expensive, since it's not just a front and back door, plus there are security doors on top of doors. I've taken the step of filing a police report during his absence, for missing items related to the business, which he denied (lied) knowing their whereabouts. I did not directly accuse. I'm fairly certain I hold the better card hand, but am hoping to keep the drama subdued. Any best legal suggestions, so the rat quits toying with this cat?

I'm not reading all that.

But just based on the title of your post all I can tell you is that the only way you get a co-signer off the mortgage is if the mortgage company allows it.

And that isn't likely to happen because you needed the co-signer to get the loan in the first place.

The remaining option is to refinance in your own name.

What is the likelihood that you would qualify for a new loan with another mortgage company?

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Quoting adjusterjack

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I'm not reading all that.

But just based on the title of your post all I can tell you is that the only way you get a co-signer off the mortgage is if the mortgage company allows it.

And that isn't likely to happen because you needed the co-signer to get the loan in the first place.

The remaining option is to refinance in your own name.

What is the likelihood that you would qualify for a new loan with another mortgage company?

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He is on the mortgage but not on the deed. He has no ownership of the property. He has done things to mess up the property (not up to code, crossing lines) She wants to evict him. Can she do that?

Being one of the signers on the mortgage gives you each the obligation to make sure the mortgage is paid. Yes, if the payments don't happen you will have your credit dinged and ultimately a foreclosure will occur. Being obligated to the mortgage doesn't give one any right to possess the property. He's nothing more than a tenant in that respect and you can feel free to end his tenancy (requires notice) and if he doesn't leave evict him (following the laws of your state). What you can not do is just go and change the locks or throw his stuff out without a formal eviction.

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Quoting Nita22

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am hoping to keep the drama subdued.

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Forget that. You already have drama and lots more to come.

You use words like "bullied" and "foul mood" and you filed a police report.

If there is a hint of domestic violence you can get him out immediately with an order of protection (restraining order).

But you seem wishy washy about the whole thing. Indecision is your enemy and so is he.

I suggest you put a lawyer in between the two of you and prepare for the blow up when he gets back.

Thanks for your responses.
I'm not at all interested in re-financing. I have other, better pursuits in mind. I made an offer for him to buy me out for a measly amount awhile back, but that was turned down. The banker is aware of the situation, just as I've stated it here.

I did call about a restraining order, largely for his intimidation. The events require date and time documentation. Now I know!

I'm not wishy-washy. I've had to get my ducks in a row and am nearing the finish line! I hope while he's been away at work for a month, and I've not given him the time of day, he'd turn in the towel, but don't have that guarantee. I've not thrown out his stuff having any value. There was a trash pile of metal he collected, and that went to pay the men hired to clean it, and the place before re-listing to sell/auction. They will be good witnesses as to the condition of things they've corrected, versus selling his stuff (trash).

I'm ready to prepare a letter to end his stay, making certain it's received. Do I need to state grounds, such as someone suggested about the code-standards and building across a property line? How long should it state, in terms of days to complete the move, considering there is no written agreement?

I'm glad an eviction notice is a back-up plan. Would that also require stated, specific grounds? He probably knows I can evict him, since he consulted an attorney a while back, with questions like if he should cut the grass, for his own good-appearances, I'm certain.

As far as trying to avoid drama, a short-term lease agreement, with restrictions, needing to furnish own appliances and utilities, could do the job. He will have plenty of $$ to move on, and forget about this place. If he blows up, the deputy said "just call" and that's the end of needing to initiate a restraining order. He might just need that wake up call!

The TN landlord tenant statute only requires 30 days notice of termination of tenancy. Does not require cause.

https://advance.lexis.com/documentpa...7-21b2cb98a557

Thank you much! I just took care of the last bit he could hold over my head by calling the lender to Force-Place property insurance. Another duck in the row!
Would sending the letter via his email account, with a read-receipt, begin the tolling of 30-days, with a copy mailed to the place he is working/staying as a guest (a hotel), and presume it should be a certified letter. Also, a copy tacked in an obvious location on-property.

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Quoting Nita22

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Thank you much! I just took care of the last bit he could hold over my head by calling the lender to Force-Place property insurance. Another duck in the row!

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A dead duck.

The lender will add the premium to your payments. The lender's insurance will cover only the lender's interest in the balance. It does nothing for your liability, your contents or the replacement value of the building. If somebody gets injured on the property and you get sued you are on your own for the tens of thousands that a defense attorney will cost and on the hook for any judgment. An uninsured liability lawsuit could drive you into bankruptcy. You need to be maintaining your own insurance.

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Quoting Nita22

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Would sending the letter via his email account, with a read-receipt, begin the tolling of 30-days, with a copy mailed to the place he is working/staying as a guest (a hotel), and presume it should be a certified letter. Also, a copy tacked in an obvious location on-property.

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All of that would be helpful but, in addition to all that, I suggest you hand him a copy with a witness on hand who is willing to go to court and testify as to what you handed to him and when. You've made it clear that this guy is a rotten apple. You'll need to do whatever it takes to prove delivery if it gets to court.

I will follow your suggestions! I actually already spoke with an insurance agent for the purpose of obtaining the liability insurance. Waiting to hear some good news!

RE:

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You'll need to do whatever it takes to prove delivery if it gets to court

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In the event of denying when the letter was made available, to begin THE countdown: The letter was delivered via USPS priority mail, with a required signature. Would it be overkill to make a call to the front desk clerk, to discover what happened after a desk-clerk most probably was the party accepting delivery on behalf of a known guest/worker? It is a major hospitality chain. And, an email followed later in the day. Mail options can tell it made it through, but a read-receipt request hasn't followed. Read-receipts can be bypassed on the other end. Until he returns for what I know he will, and can see what occurs as far as handing and/or posting a copy, can I begin counting, since the priority letter completed an acceptable delivery? Thank you for your opinion.