Foreclosure - who is responsible and whose credit will be affected?
Question:
Answer:
Mortgage is hers; foreclosure is hers, credit screwing is hers.
If she wants to try and go to court to prove there was a agreement that he reneged on to make payments and she can prove it, that's one thing; but as you present it, the law is only concerned with the person who has signed the mortgage.
yup, wizjp is right, he hasn't a thing to lose
If he kept his name off the papers. good guy. The woman probably doesn't realize her world is crumbling around her.
Hmm, well this depends on how sleezey he wants to be. If his name is on the deed as Joe And Jane, then this won't work, but if it's Joe OR Jane then he could sell it, keep the money and leave her holding the bag. Because his name is not on the mortgage, She is fully responsible. Although if he did that she could take him to court. But I would say yeah, he can stay in the house, and not pay for it becuase it's her credit that's being ruined in the process. And her decision. I'd say not a great one... but we all make mistakes.
She could sue on the grounds that he was/is a roommate and wasn't paying the bills though. Depends on how he wants to play it. It might be safer to just leave.
Cheers!
First, if a person does not sign a mortgage contract they are not financially responsible for the debt. This can change however if taken before a judge and the judge finds reason, such as that person's name being on the deed, the judge can issue an judgement that supercedes the prior. In this case the creditor can then pursue both parties for reclamation of funds, affecting both credit reports.
The foreclosure only affects the credit report of the person who is on the mortgage. Ownership is a completely different item. The lender doesn't care (to an extent) who lives in the home-they just want to be paid back. If he is not on the loan he is not responsible for it (as far as the Lender is concerned) and his credit will not be adversely affected by the foreclosure. His name will be in the paper for the foreclosure as state law dictates that area.
Can she sue him? Are you kidding me?!?! This is America, land of the lawsuit where attorneys are king! Anyone can sue anyone else for the most inane things (remember the lady who spilled coffee on herself and sued McD's? the fat kid in NYC who sued McD's because he was too fat?). Yes your friend can get sued but I am not an attorney (thank GOD!! there are WAAAAYYY too many of those useless bloodsuckers - but I digress), and I do not know under what law he would be sued. Tell him to pack up his things and be ready to retain a bloodsucker, I mean lawyer.
America, Land of the Free? Nope, Land of the "It's Not My Fault and I'm Going to Sue You"
Completely true.
She is the owner and she is the one failing to pay. She has a tenant in the property who is not paying her rent (I am guessing that the ex is not paying rent). She needs to evict him. She also needs to make up the payments, get the place sold or otherwise deal with the mess.
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