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Mortgages, Refinancing, Foreclosure All matters concerning mortgage foreclosure law and refinancing.

Please help me

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Old Feb 4th, 2008, 01:52 PM     #1
Tom
 
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Default Please help me

3 owners on a title, 1 is not paying mortgage nor taxes, putting the property
in foreclosure. If the loan is brought back up by us , How can we foreclose
on the nonpaying owner?
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Old Feb 5th, 2008, 02:51 PM     #2
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Default Re: Please help me

If two or more owners cannot agree on what to do with a piece of property they may petition the court and the court will order a sale or refinancing etc. so that the one or more may get out of the property obligation and/or the other(s) may keep it etc.--it is often done-- (This is true in some cases even for equitable owners that have paid various amounts etc., but for various reasons, may not be on title.) You could threaten to take this action if need be.
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Old Feb 6th, 2008, 10:57 AM     #3
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Default Re: Please help me

This has been on going since march of 2007. We tried to refi in march and she would not sign the papers. Refi'd again weeks later, and again would not sign papers.( This would have combined 1st & 2nd mortgage, dropping the payment $700 a month and lowering the interest rate 2 points.) Then as time went on she was late or didn't have payment at all. This put the property in danger becuase bank would not except partial payment. A letter of intent to foreclose was mailed in Sept. I put the property on the market with no bites. She stated to me she didn't want to lose the property so we sent in a sum of money to bring loan out of intent. At that time I paid 33% more than my share. she also pulled the forsale signs up becuase she stated she would pay on time... 3 months went by and now going on 4 since we have seen a penny from her , the property is in foreclosure, but I had the loan reinstated for a short period. We have offerd cash buy outs with no luck, My ? is, I have the money to bring the loan up to date, if I do this, can I file a lawsuit and foreclose on her because she made no attempt and flat out refuses to pay?
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