Legal Question in Real Estate Law in Illinois

Getting Name off of a Mortgage

My ex-boyfriend and I purchased a coach home together 2 years ago. I moved out of the home 3 months ago. My name can not be removed from the mortgage via refinancing because he consistantly made the mortgage payments late while we were together wihtout notifying me they were late. He needs to build his credit up over the next year in order to refinance. In the mean time my name is still on this mortage and I want it off. And I would like to receive my half of the value of the property. Can I sue him in small claims court and force him to sell the house?

Asked on 10/13/00, 11:47 am

1 Answer from Attorneys

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Re: Getting Name off of a Mortgage

Hello. Your options are

limited, but you might be

successful if you file what

is called a partition suit.

Your interests would ultimately be divided by the court and the mortgage would be paid off.

Read more
Answered on 11/09/00, 11:14 pm

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