Legal Question in Real Estate Law in Massachusetts

I'm a co-borrower on a mortgage with my ex-girlfriend and her brother. Fifteen months ago we came to a legal agreement drafted by our lawyers. I was given my share in the house and I was removed from the deed. Then they had 3 months to refinance the mortgage. They did not and they stopped paying 4 months ago. The bank has given them 90 days before it starts the foreclosure process. What can I do to protect my credit? Can I bring them to court and have a judge force them to refinance?

Thank You

Bill


Asked on 2/08/11, 5:56 pm

2 Answers from Attorneys

If they stopped paying, I doubt they can refinance. I think you can file suit to force them to either refinance or put the property up for sale. The problem is you waited 15 months.

You can contact the bank, but they will seek the deficency, assuming there is any from you.

I suggest you contact your original attorney for assistance or another attorney ASAP to get the house sold, refinanced or your name removed from the debt.

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Answered on 2/08/11, 6:13 pm
Stephanie Burnham Burnham & Associates, Attorneys at Law, PLLC

Unfortunately this mistake will likely damage your credit, it probably already has! The mortgage company does not care about any agreements, settlements or other legal documents that you may have from your ex-girlfriend or her borther.

There are a couple of ways to remove yourself from a mortgage: first, sell the property and have the debt paid from the proceeds (including possible short sale); second, refinance the property (likely impossible at this time); third, file Bankruptcy.

While filling a lawsuit against the ex-girlfriend and brother may make you feel better, it will be costly and if they are not paying the mortgage, they likely have nothing for you to recover.

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Answered on 2/09/11, 10:52 am


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