Mortgae questions...
Hello Everyone,
First and foremost I appreciate all the help anyone can provide regarding a mortgage/title situation. Allow me first to summarize
(This situation is occurring in the State of Florida, property value is roughly break even with amount owed on mortgage (market value vs amount owed)
1. Party #1 and Party#2 (boyfriend/girlfriend) purchased a home in 2003 (state of Florida). Home was purchased via a joint mortgage and both names are on the deed (listed on the deed as Party #1 AND Party #2)
2. Domestic style dispute occurs 4 years later, Party #1 calls the authorities on Party #2. Party #2 is arrested. The charges originally filed by Party #1 are dropped in the subsequent days. The couple breaks ties.
3. Party #2 moves out of the home
4. Party #1 remains in the home
5. Party #2 does not pay anything towards the mortgage, taxes, or upkeep to the home
6. Party #1 continues paying mortgage/taxes. Party #1 is habitually late with payments causing damage to both parties credit reports. Party #1 claims all tax benefits on the home throughout the duration and dedicates a minimal amount of resources to the upkeep of the property.
7. Party #1 gets into financial trouble, asks Party #2 to co-sign on a loan modification, Party #2 agrees, loan modification processed in 2010.
8. Party #1 gets involved in a new relationship and marries.
9. Party #1, now married, send vague paperwork (affidavit of facts) asking Party #2 to sign over the deed to the property for $xxx amount. Party #1 alleges that they have found a company to perform a streamline refinance and would like to remain in the house, relinquishing Party #2 of the debt remaining on the mortgage and their ownership in the property.
10. Party #2 is reluctant to sign as no firm evidence (new HUD Disclosure, proof of a refinance, etc.) is provided with the Affidavit of facts sent by Party #1. They conclude that without more evidence this looks as its an attempt to get them to sign over their share of the ownership without refinancing the property.
11. Party #1 is under a time line with the alleged refinance and is threatening to litigate to recover mortgage payments, taxes, etc. that Party #2 has not paid
Questions:
1. Can Party #1 successfully litigate to recover mortgage payments/taxes that Party #2 has not paid?
2. Does a simple affidavit of facts asking Party #2 to sign over the deed for $xxx amount necessarily constitute a refinance is in the works? No concrete proof was provided.
3. If Party #1 is in the process of refinancing, can the "signing over of the title" be done at the closing proceedings or does Party #2 need to sign this 'affidavit of facts" in order for the refinance to proceed?
4. If both parties do not come to an agreement, is the only resolution a short sale of the property?
Thanks for all the help!
Anon101
Hello All,
I hope I'm posting these inquiries in the correct section, have a unique situation to discuss. Allow me to provide a brief summary:
1. Party #1 and Party #2 (boyfriend/girlfriend) purchase a home in 2003, home is paid for using a joint mortgage and both parties are listed on the title of the property (listed as Party #1 AND Party #2)
2. Dispute occurs 4 years later, authorities are called, Party #2 is arrested . Charges are dropped by Party #1 a few days later.
3. The couple breaks ties, Party #2 moves out of the home, Party #1 elects to stay
4. Party #1 marries in 2013.
5. Party #1 utilizes the USPS website and gets Party #2's mail forwarded to a different address without their knowledge/consent.
6. Party #1 signs Party #2 up for a storage unit without their consent and moves all of Party #2's belongings out of the home. Party #1 forges Party #2's signature on the storage company's "sign up" documentation.
7. An accident occurs at the property in 2013. An automobile hits the property jointly owned by both Party #1 and Party #2. The driver's insurance company comes to a settlement with Party #1, a check is disbursed for the damages. Party #2 is not made aware of the amount of the settlement and doesn't provide signatures for anything.
Questions
1. Can Party #1 be held legally responsible for forwarding Party #2's mail without them providing consent to do so?
2. Can Party #1 be held legally responsible for forging documents from the storage company in Party #2's name without their consent or knowledge.
3. Considering the property affected by the accident in 2013 is in both parties names, is it logical to assume any damages paid out by the driver's insurance company would be issued in both parties names?
4. Is there a way for Party #2 to find out more information regarding the accident to prove the driver's insurance company issued a check in both parties names?
Thank You For the Help!
Anon101
Hello Everyone,
First and foremost I appreciate all the help anyone can provide regarding a mortgage/title situation. Allow me first to summarize
(This situation is occurring in the State of Florida, property value is roughly break even with amount owed on mortgage (market value vs amount owed)
1. Party #1 and Party#2 (boyfriend/girlfriend) purchased a home in 2003 (state of Florida). Home was purchased via a joint mortgage and both names are on the deed (listed on the deed as Party #1 AND Party #2)
2. Domestic style dispute occurs 4 years later, Party #1 calls the authorities on Party #2. Party #2 is arrested. The charges originally filed by Party #1 are dropped in the subsequent days. The couple breaks ties.
3. Party #2 moves out of the home
4. Party #1 remains in the home
5. Party #2 does not pay anything towards the mortgage, taxes, or upkeep to the home
6. Party #1 continues paying mortgage/taxes. Party #1 is habitually late with payments causing damage to both parties credit reports. Party #1 claims all tax benefits on the home throughout the duration and dedicates a minimal amount of resources to the upkeep of the property.
7. Party #1 gets into financial trouble, asks Party #2 to co-sign on a loan modification, Party #2 agrees, loan modification processed in 2010.
8. Party #1 gets involved in a new relationship and marries.
9. Party #1, now married, send vague paperwork (affidavit of facts) asking Party #2 to sign over the deed to the property for $xxx amount. Party #1 alleges that they have found a company to perform a streamline refinance and would like to remain in the house, relinquishing Party #2 of the debt remaining on the mortgage and their ownership in the property.
10. Party #2 is reluctant to sign as no firm evidence (new HUD Disclosure, proof of a refinance, etc.) is provided with the Affidavit of facts sent by Party #1. They conclude that without more evidence this looks as its an attempt to get them to sign over their share of the ownership without refinancing the property.
11. Party #1 is under a time line with the alleged refinance and is threatening to litigate to recover mortgage payments, taxes, etc. that Party #2 has not paid
Questions:
1. Can Party #1 successfully litigate to recover mortgage payments/taxes that Party #2 has not paid?
2. Does a simple affidavit of facts asking Party #2 to sign over the deed for $xxx amount necessarily constitute a refinance is in the works? No concrete proof was provided.
3. If Party #1 is in the process of refinancing, can the "signing over of the title" be done at the closing proceedings or does Party #2 need to sign this 'affidavit of facts" in order for the refinance to proceed?
4. If both parties do not come to an agreement, is the only resolution a short sale of the property?
Thanks for all the help!
Anon101
Hello All,
I hope I'm posting these inquiries in the correct section, have a unique situation to discuss. Allow me to provide a brief summary:
1. Party #1 and Party #2 (boyfriend/girlfriend) purchase a home in 2003, home is paid for using a joint mortgage and both parties are listed on the title of the property (listed as Party #1 AND Party #2)
2. Dispute occurs 4 years later, authorities are called, Party #2 is arrested . Charges are dropped by Party #1 a few days later.
3. The couple breaks ties, Party #2 moves out of the home, Party #1 elects to stay
4. Party #1 marries in 2013.
5. Party #1 utilizes the USPS website and gets Party #2's mail forwarded to a different address without their knowledge/consent.
6. Party #1 signs Party #2 up for a storage unit without their consent and moves all of Party #2's belongings out of the home. Party #1 forges Party #2's signature on the storage company's "sign up" documentation.
7. An accident occurs at the property in 2013. An automobile hits the property jointly owned by both Party #1 and Party #2. The driver's insurance company comes to a settlement with Party #1, a check is disbursed for the damages. Party #2 is not made aware of the amount of the settlement and doesn't provide signatures for anything.
Questions
1. Can Party #1 be held legally responsible for forwarding Party #2's mail without them providing consent to do so?
2. Can Party #1 be held legally responsible for forging documents from the storage company in Party #2's name without their consent or knowledge.
3. Considering the property affected by the accident in 2013 is in both parties names, is it logical to assume any damages paid out by the driver's insurance company would be issued in both parties names?
4. Is there a way for Party #2 to find out more information regarding the accident to prove the driver's insurance company issued a check in both parties names?
Thank You For the Help!
Anon101
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