He cannot sell the property without your permission, however the reverse is true, you can not sell the property without his permission as well.
If his name is on the new mortgage, then even to refinance into your name only will require his cooperation.
Just for my knowledge, for someone to co-sign as a gurantor on a loan, I did not think they had to be on title. I thought they were just a back up in case the mortgagee did not pay. Am I wrong about this?
In reality, I suspect that the loan was refinanced in both your names as co-owners (not a co-signor) and as a result you both own the property. The only way (I know) to get his name off is for him to quit claim the property back into your name. To do this, you might have to play nice. Maybe offer him some money ... etc.
The foreclosure case is dismised, there is no document to be filed unless the mortgagor has filed a Lis Pendens. In which case a release or copy of the final order dismissing the case is sometimes recorded.
How would I remedy that to sell a property?
warranty deed
Send your seller a new Warranty Deed and ask him to sign w notary and return to you. Then you record that in deed records.
Or if you have your power of attorney notarized, you can sign the deed on your sellers behalf.
Janet,
Glad to meet you.
When you say you signed a Quit Claim Deed did you transfer your interest in the property to your someone or are you still on the deed?
Being on the mortgage does not mean you own the property is the reason I am asking.
John $Cash$ Locke
[addsig]
I am still on the deed; I DID NOT transfer whole ownership - just added him on. Thanks for the quick response!
He cannot sell the property without your permission, however the reverse is true, you can not sell the property without his permission as well.
If his name is on the new mortgage, then even to refinance into your name only will require his cooperation.
Just for my knowledge, for someone to co-sign as a gurantor on a loan, I did not think they had to be on title. I thought they were just a back up in case the mortgagee did not pay. Am I wrong about this?
In reality, I suspect that the loan was refinanced in both your names as co-owners (not a co-signor) and as a result you both own the property. The only way (I know) to get his name off is for him to quit claim the property back into your name. To do this, you might have to play nice. Maybe offer him some money ... etc.
Good Luck.
JS.
Thank you for the information.
The foreclosure case is dismised, there is no document to be filed unless the mortgagor has filed a Lis Pendens. In which case a release or copy of the final order dismissing the case is sometimes recorded.