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What are my rights and liability for this home?

Palm Coast, FL |

I have a home that I am on the title but not on the loan. The person that is on loan may be headed for forclosure or selling at a loss. I lived in the home and paid aprox. 2/3 of all home costs and mainenence for 11 years of the 13 that we have owned home.

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If there is equity in the home then you should be entitled to a portion of any sale proceeds after paying of the mortgage and any other encumbrances. If the house is worth less than the loan, then there is nothing to gain form the sale of the house. Since you are not liable for the loan, the lender will not be able to seek payment form you but you will probably be a defendant in a foreclosure action because you are on the title.

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You have the right to seek a partition of the house and from the proceeds request any extra expenses over and above what you should have been required to put in. However, if the home is upside down then there won't be any proceeds from the sale and you will be at a loss.

You shouldn't have any liability from the mortgage, but there may be liability if the property is part of an association. I would suggest seeking counsel from an experienced real estate attorney in your area.

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