Legal Question in Wills and Trusts in Arizona

Im a co borrower on a mortage in surprise arizona. The main borrower left me and hasnt paid on the loan in over six months and doesnt intend to. Does this person have any legal right to come on the property or take up residence again? What can I do to keep this person from threatening me with them saying they still have ownership?


Asked on 5/24/11, 10:40 am

1 Answer from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

Each of the borrowers are responsible for payment of the mortgage loan. Each of the owners have an equal right to possession/occupancy of the property. If you have grounds to support it, you may seek an order of protection, to keep another owner away from the property and you, particularly if a person is threatening you with harm. I suggest that you negotiate an agreement with the other owner to resolve the issues. If they are not going to pay the mortgage, then you should take action to gain sole ownership of the property and continue to pay the mortgage or get a new mortgage.

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Answered on 5/24/11, 2:27 pm


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