I bought a house with my girlfriend/fiance and because my credit wasn't so good at the time and to keep the payments low the house title was put in her name. I have proof that I made all of the payments including a signed notarized letter stating that she owes me money paid. We broke up and she let the house go to forclosure and has now been sold back to the mortgage company. I could not stop this because my name was not on the property title. How do I proceed with suing her for the money owed? I estimate it is around $200,000.00.
Employment / Labor Attorney
You need to hire a real estate attorney to review all of the documents and understand all of the agreements between you and her. It is possible she owes you the money. It is also possible she does not. Only a good real estate attorney will be able to tell you what your chances are of recovering.
One red flag I see is that she lost the home to foreclosure, and she did not make any of the payments, suggesting she does not have any money. If that is the case you could get a paper that says you have a right to money, and no way to collect on it. That will run most contingency attorneys off, meaning you will likely have to pay by the hour to get the result you want. If she has ready assets to collect against, then there will be a different story.
You really need to have an attorney look at this. There are several issues that could drastically change the outcome that needs to be considered before spending time and money on this.
Good luck to you.
This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.
Lemon Law Attorney
You could have stopped it in multiple ways. I think you could have made the payments. You could have forced a sale. You could have filed a Lis Pendens. You are likely going to have trouble collecting this money from someone who could not even make monthly payments on the mortgage. I think you are wasting your time here...
Debt Settlement Attorney
I believe that this is a question best answered in person by a lawyer who focuses on real estate law. Said lawyer needs the opportunity to review all documents and correspondence related to your situation and to visit with you in depth about any agreements (in writing and otherwise) that you may have. Good luck to you.
1 lawyer agrees