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  1. #1
    Join Date
    Dec 2014
    Posts
    2

    Default Co-Owner and Occupant is Late on the Monthly Payments

    My question involves real estate located in the State of: Florida

    My ex girlfriend and I have a home that we financed (owner financing) for two years until 12/5/2015 then the balloon period kicks in. We split up after we got the house together, I just left and let her have the house. Well, her new boyfriend stays there mainly by him self because she told mine and her family lawyer that she stays with her mom, which is where our child stays.... We are going through a custody battle too but I won't go into detail.

    Anyways, she is ALWAYS late on the monthly payments. She gets two months behind at times and the title company who the house is under has to email me the notices because my name is on it, even though I don't live there... which is understandable. BUT.... if she is not paying on the house, HOW or WHAT actions can I take in order to take over the house?? If shes not paying it on time and she says shes staying at her mothers house with our child, shouldn't I have every right to take over the house???

    Both of our names are on the title/deed.

    I am hoping to get all of my advice before I see/spend money on a attorney.

  2. #2
    Join Date
    Mar 2013
    Posts
    17,914

    Default Re: Co-Owner and Occupant is Late on the Monthly Payments

    Here are some options.

    1 - One of you buys the other one out. That takes care of ownership but not the loan. Whoever buys the other's interest will have to refinance in his or her own name, otherwise remain financially obligated on the loan. If either of you don't have the cash or can't qualify for refinancing, then that option is out.

    2 - You move back in and evict the boyfriend. Resume making payments yourself.

    3 - Partition lawsuit. Google it. It'll cost you lots of money for a lawyer and the court will sell the house quickly at auction for a lot less than market value. You might have to kick in some cash if the house sells for less than what's owed for it.

    You are pretty well screwed no matter what you do. Add the house problem to the custody battle and you're in for a real nightmare.

  3. #3
    Join Date
    Dec 2014
    Posts
    2

    Default Re: Co-Owner and Occupant is Late on the Monthly Payments

    I tried asking her if I can pay her back from what she has put into the house, she is so hard headed and she tells me no and to get out of her life.

    How would I go about evicting him? Where do I go and who do I see? When December 2015 hits, we are required to find our own financing. I can write a written notice and put on the door at the house? With a date stating he will have to move out ? But if I did do that, she will say that I haven't been living there or paying so I have no say so....

    But either way the mortgage isn't getting paid for. It's almost two months behind so I can get a form that says you failed to pay right? Because I'm getting notices from the title company stating I am late and responsible even though I don't live there. Is her boyfriend considered a tenant then?

    We are owner financing now at 6%.

    I haven't stayed at the house since February and she says I have no rights to go there or inside and that it's breaking and entering even though I'm on the title and deed. She also put the down payment on the house which was about $8k. So that's the reason why she tells me she won't give up the house.

    Should I try and fight it?

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