Jump to content
Jacque

Joint Tenants Duress Foreclosure

Recommended Posts

A couple purchased a home together and the title is a divorced man and single woman. He has the income and she had the credit and they are both on the loan.  One month later, he asks her to sign the deed, so only he would be on it,  She refuses and he says that he will foreclose if she doesn't sign. i.m pretty sure he will force her out and have a family member buy the home.  Even if he doesn't. ans and forces out, ruins her credit and leaves her homeless; is this not illegal????  Can she do anything to stop him or press charges in San Bernardino, Calif?

Share this post


Link to post
Share on other sites

One owner can't foreclose on the other. What he might be referring to is a "partition action" which asks the court to sell the property and divide the proceeds. That would be bad news for him, too, because those sales are done by auction and could realized less than what is owed on the property.

 

She was incredibly stupid to get into this deal.

 

Now she should be talking to a lawyer and see if she can make some sort of a pre-emptive strike to protect herself.

 

PS: people do illegal things every day and get away with them because other people make stupid mistakes and don't stand up for themselves when the stuff hits the fan.

Share this post


Link to post
Share on other sites

Lett me see if I understand this.

 

The post involves a "divorced man" and a single woman.  Why is the man identified as a "divorced man"?  Is there some sort of romantic involvement that is not further discussed?

 

Anyway, this man and woman have conceived of a way for him to buy a property using his money and her credit score.  So they apply for the mortgage  and (fraudulently?) claim she will be responsible for payment of her share of the mortgage.  Once the mortgage is granted and the property is purchased, the man asks the woman to turn over her interest in the property since she will not be paying any part of the mortgage.  The woman feels that since her credit score was used she should be entitled to one half interest in the property.  Since the man does not believe the woman is entitled to any interest in the property he threatens to stop making payments on the mortgage.  This will eventually result in foreclosure on the mortgage.  At that point, a family member of the man (who would not help him buy the property in the first place) will buy the property and evict the woman.

 

If the mortgage is foreclosed, the poor woman will lose her entire investment in the venture and will have her credit score destroyed.  She will also be rendered homeless since she will not be able to return to the home where she lived prior to her participation in this scheme.  Because the man has destroyed the woman's credit score and has thrown her out onto the streets of San Bernardino, along with all the other homeless people already there, he should be arrested and thrown in jail.  Of course, he won't be thrown in jail if convicted but will be branded as a "person previously involved in law enforcement."

 

Have I left something out?

Share this post


Link to post
Share on other sites
13 hours ago, Jacque said:

he says that he will foreclose if she doesn't sign.

 

Foreclose what?

 

 

13 hours ago, Jacque said:

i.m pretty sure he will force her out and have a family member buy the home.

 

Why do you think this?

 

 

13 hours ago, Jacque said:

Even if he doesn't. ans and forces out, ruins her credit and leaves her homeless; is this not illegal?

 

I have no idea what "this" refers to.  I also have no idea what "doesn't. ans and forces out" might mean.  Also, how do you think the man might ruin the woman's credit?

 

 

13 hours ago, Jacque said:

Can she do anything to stop him or press charges in San Bernardino, Calif?

 

"Press charges" is a term that typically refers to criminal charges, and nothing in your post suggests that any crime has occurred or is likely to occur.  As far as "stop[ping] him," it's not clear what you're talking about.

 

P.S.  You're the woman, right?

Share this post


Link to post
Share on other sites

I’m sorry, I couldn’t find an “Edit” option after posting. I’ll try to make this a little more clear. 

 

An engaged couple purchased a home together and took title is a divorced man and single woman. He is retired with a close to $9,000 a month income. He has too many credit cards, is paying the IRS $600 a month for the next 3 years, a car note, ......he has bills and a low credit score; even after paying off his credit cards.  His Fiancé of many years had a great job with very good credit.  She had to leave her job (2 years before the purchase)  to care for her father for 2 years. She had an injury and can not go back to an 8 hour job. Her plan is to find part-time or work from home employment. He has known her situation for years and has  volunteered his help and contributions to help his wife-to-be. He has the income and she had the credit to qualify to purchase their home together and they are both on the loan.  One month after they moved in , he asks her to sign the deed, so only he would be on it,  She refused and he says that he will  intentionally not pay the mortgage and allow the home to foreclose if she doesn't sign. I’m pretty sure he will try to  force her out and have a family member buy the home before the bank takes it; with hopes that she would sign in order to try to rebuild her credit. She has text of his threats to not pay the mortgage if she refuses to sign. He doesn’t care if it forces her out, ruins her credit and leaves her homeless. Is this illegal????  Can she do anything to stop him or press charges in San Bernardino, Calif?

 

They have known each other 16 years. Dated 5 years. This couple has been the envy of others. 

Share this post


Link to post
Share on other sites
49 minutes ago, Jacque said:

they are both on the loan.

 

And also both on tile, right?

 

 

49 minutes ago, Jacque said:

 Is this illegal?

 

No.

 

 

49 minutes ago, Jacque said:

Can she do anything to stop him

 

The reality is this woman willingly made a very dumb decision to sign on a mortgage she can't afford to pay so that she could jointly own a property with a man other than her husband (and I'm assuming that the two of them did not enter into any contract to govern the terms of their joint ownership).  She may want to let the lender know what's happening and tell the lender that she'll fully cooperate with whatever it chooses to do.  The only good news is that, if the property does get foreclosed, she won't be personally liable for any deficiency if the foreclosure doesn't generate sufficient funds to pay off the mortgage plus costs of the foreclosure.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...

×
×
  • Create New...