California | Real Estate Law
Legal Question
Preventing Foreclosure
First of all, we already have a partition action filed to the court against an uncooperative co-owner. We are paying the mortgage for almost a year now without the co-owner paying his/her share. We're planning to move to another place to get out of the stress that we have right now. What will happen if we stop paying the mortgage on this house while the partition is still in the court. Can we ask the mortgage company not to foreclose until the partition is done, or can we ask the court not to foreclose since the partition is in process. Or is there a way to speed up the process. Since the other co-owner doesn't want to be bought out or take his legal share of equity, and wants more than his share and creating too much trouble to us, we might decide to move on and leave this place.
If it goes to foreclosure we all got nothing, but bad credit and a loss of money. The deed says all three owners are joint tenants and all our names are in the loan Please advice us on what are the right move that we have to do.
Thanks
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