Legal Question in Real Estate Law in Florida

Real Estate

I am the primary and my brother is

the co-

borrower on an investment property

we

purchased in Florida in October of 07.

He

has had bad credit his entire life, so

we used

my credit rating and my cash for the

purchase and rehab of the house. I

am in for

over $30,000 into the house and

counting.

We were to sell or rent the house,

but he has

since moved in and will not help with

the

mortgage. I am left to pay mortgage,

taxes

and insurance while he lives there for

free.

How can I get him out of there, or

remove

him from the mortgage so that I can

sell the

property or rent it to help recoup

some of my

investment. I am out of state

(Illinois) and the

property is in Florida. What are my

options? Please help!


Asked on 2/08/09, 11:04 pm

1 Answer from Attorneys

David Slater David P. Slater, Esq.

Re: Real Estate

Since he is an owner, you cannot have him evicted. If he refused to pay rent, you should seek a partition and sale of the premises by court order. You would also be entitled to a credit for all the expenses you are incurring. Good luck.

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Answered on 2/09/09, 3:08 pm


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