I purchased a house with my cousin 9 years ago on an interest only loan. About 4 years ago we switched it to a conventional 30 year fixed mortgage to actually pay down the house. He moved out about 3 years ago, and since then has let several companies file a lien on the house for failing to pay bills. He also hasn't had any financial obligation to the house. I have been putting a lot of money in to updating the house and increasing the value, and have also already paid $2000 in fees and court costs to have some of the liens removed. I am now trying to refinance the house and he refuses to communicate with me or talk about signing a quit claim deed. I want him off the house, and I am afraid that he is going to continue to have liens placed on the house. I have offered to pay the liens, and give him some money. Yet he refuses to even talk to me about the situation. What are my options?
You say he has an obligation to the mortgagee. I'll assume that since his creditors are filing liens against the home that you hold title jointly with your cousin.
Unfortunately, he has an ownership interest in the home and these lienors will continue to file liens against the property as long has he is on title.
I recommend a partition action to force the sale of the property. Or, a suit by you against him for the money damages incurred so far, that may bring him to the negotiating table where he would agree to sign a deed to you.
Hope that helps.
If you decide you want to hire an attorney to help you in this matter or a free consultation to discuss the facts in depth call my office and ask Michelle to schedule you onto my calendar.
Don Eby
303-688-0944
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