removing name from a mortgage loan

Are you still on title to the property? If you are still on title to the property then you would be able to force the sale of the property through a partition action that would request the court to order the property be sold. A partition action is a co-owners right. One of the co-owners can purchase the property from the other co-owner. However, if you are no longer on title to the property then you're ability to remove your name from the home loan is very limited. Your first step should be to have a talk with your friend to see if you can settle this. The second step would be to contact an attorney to write a letter to your friend asserting your rights. You might even want to try mediation, before resorting to a partition action.

There is no process to force him to refinance the home. Your only power is to threaten to sue to partition the property. The court will order the sale of the house and the division of the net proceeds. In many cases, because this would be a court sale, most brokers and buyers won't consider it, and the remaining buyers offer a lot less than a regular sale. I should be able to persuade that he is better off refinancing than dealing with such a lawsuit and threat to his home. If you are not shown on the title to the property, partition might not be available, but the threat might be enough, especially if it comes from a lawyer. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack