My ex and I (who I was not married to) purchased a home together in Florida. Since he makes a good living and I am a full time student, I was the one that moved out. I told him that I would sign the house over to him as long as he refinanced to get my name off of the mortgage at the same time. I did not ask for reimbursement for my downpayment, renovations or any other items in the house. He said that the mortgage was too much for him (although he could afford it) and he decided to move forward with a loan modification with the Bank.
I urged against doing this since, as indicated in multiple places on the internet, this process generally forces people into foreclosure. I then recommended that we attempt to do a short sale (since we are underwater) on the property, if he could not afford it. Since then, he reduced his payments, was denied the remodification and we are now in default of the mortgage. He is currently reapplying through a lawyer and I have been complying with the process.
Several documents that I have signed state that the owners must live in the primary residence to be approved. Representatives from the bank have confirmed this. I clearly stated to my ex and his lawyer that I will not pretend that I live on the property. I continually cross out any lies about this but I am concerned that they are switching out pages and making it look as if I live there. Could I get in trouble for this? More importantly my ex is threatening to sue me for unpaid mortgage that has accrued since I moved out, as well as other expenses during our relationship. He is also refusing to sign over my car title to me. I paid for 100% of my car. We added him for a reduced insurance rate. Can he do that? By the way, I do not have any money or assets as I am a student. Any advice would be wonderful!
you need to discuss all these facts with lawyer. There is more than what can be explained in such a brief forum such as this. You do not have to comply with the modification, and if you do, you will not be removed from the obligation to the bank. The ex will likely NOT qualigy to refinance due to being late and no equity in the home. Other than short sale, your options are limited, and you may have to consider bankruptcy if it is bad enough. Your car is another matter and you may have to litigate that separately. I would not be concerned of him suing you for expense during a relationship - that sounds like an idle threat, but again all these issues should be discussed with an attorney.
J. Garry Rooney
Attorney at Law
Rooney & Rooney, P.A.
2145 14th Avenue, Suite 20
Vero Beach, FL 32960
(772) 778 5400
(772) 778 5290 (fax)
My colleague is correct that you should sit down with an attorney to go through all of these questions. This forum is not meant to give an entire case evaluation.
You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family & criminal law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-377-6828. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.