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2 names on title, 1 name on mortgage, how to get out of the agreement?

This is a discussion on 2 names on title, 1 name on mortgage, how to get out of the agreement? within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; My fiancee bought a house with a friend a few years ago, the friend lives in the house and there ...

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Old Jun 2nd, 2009, 11:07 PM   #1
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Default 2 names on title, 1 name on mortgage, how to get out of the agreement?

My fiancee bought a house with a friend a few years ago, the friend lives in the house and there are 4 housemates. For the past 6 months the friend has been collecting the rent whilst my fiancee has had to pay the mortgage. She has been paying it so as to not ruin her credit but its gone beyond a joke. She has tried to offer the (now Ex) friend the option of buying her out but he is ignoring her. What options does she have as a foreclosure would still enable this guy to collect rent and profit during the foreclosure period. She wants to evict the room mates and prevent him from lining his pockets, he lives in Utah and I'm not sure what her lgal rights are. Any advice on how to get rid of the house and break off ties quickly?
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Old Jun 2nd, 2009, 11:09 PM   #2
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Default Re: 2 names on title, 1 name on mortgage, how to get out of the agreement?

I should add that its only her name on the mortgage.
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Old Jun 2nd, 2009, 11:41 PM   #3
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Default Re: 2 names on title, 1 name on mortgage, how to get out of the agreement?

What state?
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Old Jun 2nd, 2009, 11:53 PM   #4
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Default Re: 2 names on title, 1 name on mortgage, how to get out of the agreement?

Utah
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Old Jun 3rd, 2009, 01:11 PM   #5
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Default Re: 2 names on title, 1 name on mortgage, how to get out of the agreement?

The mortgage name is not relevant. It says who owes the money on the house, but does not state who actually owns the house (the title does this.) How did it happen that there are 2 names on the titles, but only one on the mortgage??? The people who own the house (per the title) are those who are legally entitled to control the house (rent it). Since the friend has a name on the title, the only way to get the friend's name off the title is to petition a sale of the house. She will need an attorney to do this. The friend will not want to sell the house. (Why would s/he when the rent is free to him/her?) Your friend will have to force the sale of the house. Until then, there will be a control battle between the two owners.
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