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What Should I Do if One Person Does Not Pay Mortgage

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  • 02-06-2009, 12:00 PM
    frustrated2009
    What Should I Do if One Person Does Not Pay Mortgage
    My question involves a mortgage in the state of: Illinois

    Hello,

    I have a property, both my and my husband (ex) are on the title and mortgage. Now my husband has left more than half a year ago and could not be reached. He is not paying anything towards the mortgage, can I take his name off the title?
  • 02-06-2009, 01:30 PM
    OhMy
    Re: What Should I Do if One Person Do Not Pay Mortgage
    Quote:

    Quoting frustrated2009
    View Post
    My question involves a mortgage in the state of: Illinois

    Hello,

    I have a property, both my and my husband (ex) are on the title and mortgage. Now my husband has left more than half a year ago and could not be reached. He is not paying anything towards the mortgage, can I take his name off the title?

    He would need to quit claim the deed to you and sign it in front of a notary. You can not just remove him from the title.
  • 02-07-2009, 05:55 AM
    frustrated2009
    Re: What Should I Do if One Person Does Not Pay Mortgage
    Yes, this is simplest route. However, he simply cannot be reached, nowhere to be found. There should still be some procedures to remove him, right?
  • 02-07-2009, 08:16 AM
    gigirle
    Re: What Should I Do if One Person Does Not Pay Mortgage
    No, it's not that simple, you just can't remove a person from a deed. You should consider hiring a PI to locate him an a lawyer to protect your vested interest in the house. If you pay until the house is paid off while he's still MIA, he still owns half the house.
  • 02-07-2009, 04:06 PM
    frustrated2009
    Re: What Should I Do if One Person Does Not Pay Mortgage
    What if he cannot be located? Or he refused to respond?

    Then will it be easy to remove myself from the mortgage and deeds?

    Thanks so much
  • 02-07-2009, 04:14 PM
    OhMy
    Re: What Should I Do if One Person Does Not Pay Mortgage
    Quote:

    Quoting frustrated2009
    View Post
    What if he cannot be located? Or he refused to respond?

    Then will it be easy to remove myself from the mortgage and deeds?

    Thanks so much

    You can not remove anyone from a mortgage or a deed. Not unless the bank forecloses. Then you both will be removed from the mortgage and the deed.
  • 02-07-2009, 04:28 PM
    jk
    Re: What Should I Do if One Person Does Not Pay Mortgage
    Quote:

    Quoting frustrated2009
    View Post
    What if he cannot be located? Or he refused to respond?

    Then will it be easy to remove myself from the mortgage and deeds?

    Thanks so much

    NO NO NO.

    if you want him off the mortgage, you will need to pay off the current mortgage and close it out. That one is easy.

    You can never remove him from the title. In certain situations, you can ask a court to but from what you have posted, none of them apply. This one isn't happening.
  • 02-07-2009, 04:30 PM
    jk
    Re: What Should I Do if One Person Does Not Pay Mortgage
    Quote:

    Quoting OhMy
    View Post
    You can not remove anyone from a mortgage or a deed. Not unless the bank forecloses. Then you both will be removed from the mortgage and the deed.

    technically they will not be removed from the deed. The deed is the instrument used to convey title. Once it is recorded, it is what it is. Now, they would be removed from the title via another deed but their deed would remain intact.

    I know; picky picky
  • 02-08-2009, 07:49 AM
    frustrated2009
    Re: What Should I Do if One Person Does Not Pay Mortgage
    Thanks to all of you.

    So there is nothing I can do? There is no law can be applied to the person who fails to pay mortgage?

    If one day I want to sell the property, if I cannot even locate the other person on the title, I cannot even do that?

    There is no law, no rules?
  • 02-08-2009, 08:21 AM
    jk
    Re: What Should I Do if One Person Does Not Pay Mortgage
    re; selling the property

    there is a process in some situations but each situation is different. You do have the option of filing a suit to partition with the courts. It costs money and the courts, if the co-owner is not available for some reason, may still not force the partition of the property. In some states, there are court rules that allow notification by publication so a court can act without actually contacting the co-owner. Any funds realized by such a sale due the co-owner would be held in by the state.

    Contact a lawyer in your state if/when you actually want to do this.

    as to any liability to the mortgage;

    You are considered to be jointly and severally liable for the mortgage. That means each of you are liable for the total amount of the mortgage loan. Either of you can be sued individually for the total amount of the mortgage loan although the lender cannot recover more than the total amount owed from both parties payments combined.
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