I'm not the primary owner of the property. I am the cosigner. Primary owner is not willing to cooperate with me on eviction. Evictee not is currently paying rent or bills. He is no longer welcomed by me to live here, but the owner says otherwise. As a cosigner what should I do to evict the family member?
Real Estate Attorney
From what you have posted, it appears that you have no ownership interest in the property but that you cosigned a mortgage on the property. As a cosigner, you have no rights to manage or control the property. All you have done is promise to pay the bank if the owner of the property defaults. Unless you have some other type of written agreement with the owner, you have no power to evict the family member. If you are unsure of your rights and responsibilities as a cosigner, you should consult an experienced real estate lawyer in your area.
Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.
5 lawyers agree
Real Estate Attorney
If there is another title holder other than you, than you don't own 100% of the property. This means that the other person sharing ownership with you is entitled to rent to whomever they desire and you can not evict them. Perhaps you may want to have an attorney review any leases, etc to see if any opportunity for eviction exists. Good luck.
3 lawyers agree
Divorce / Separation Lawyer
If you and the other co-signer cannot agree, it may be time for you to move on. It seems like it 2 renters against 1. Being the only person wanting a change, it is likely that when the lease is up, you could be the one facing eviction. Family members can be the worst tenants. Good luck to you.
This information is a general answer and is not specific to any particular case. Carin Manders Constantine, Esq. 727-456-0032/ 727-488-8272 familylawyer411.com/about-carin https://www.facebook.com/pages/The-Law-Offices-of-Carin-M-Constantine/125967577416313 http://www.linkedin.com/pub/carin-constantine/b/861/445
Estate Planning Attorney
There is a vast difference between co-signer (as on a mortgage) and co-owner (as in recorded owner on title to the property). One can be a co-signer and not be a co-owner. They are two completely different "hats", if you will. If it is as I suspect, and Attorney Deason seems to agree, that you ONLY co-signed the loan for another party, but are NOT on title to the subject property, then you have no rights at all as to who does what on or with the property. Very bad situation to have gotten yourself into. I would strongly advise seeking the advice of a real property attorney to review the contracts between you and the owner and the mortgage agreement to see what you can do to remove yourself from that mortgage. Good luck.
Carol Johnson Law Firm, P.A. : (727) 647-6645 : firstname.lastname@example.org : Wills, Trusts, Real Property, Probate, Special Needs: Information provided here is anecdotal and should not be relied upon or considered legal advice. Every matter is different and answers given here are general in nature and may not reflect current Florida law at the time you are reading this posting.