- 2 years ago
- Wedding: October 2013
Bear with me, ladies, this one is convoluted…
I own a home with my ex (BF – we were never married). We purchased a home together back in 2001 and took title as joint tenants. Fast forward to 2010 and he ended up injured and lost his job as a construction worker. I was unable to cover the mortgage with my salary alone, so we made attempts to modify our loan through a state program. The bank sat on the mod, my ex became impossible to deal with, and the whole shooting match ended up in the shitter. He wanted to sit in the house until they came and pried it from his “cold, dead hands” (no drama there…). I wanted to short sale or deed in lieu to get us out of the effing mess we had created.
In 2012, I moved out because it had become an intolerable situation with him. We agreed on a short sale. Come to find out, as the realtor was processing the deal, my ex cancelled the SS without consulting me.
I sought legal counsel regarding a petition to partition, and was told that it woudl be inordinately expensive and time consuming, and that my best bet was to file for bankruptcy. I felt between a rock and a hard place, and determined that the bank would eventually foreclose, and I would take my lumps from them when the time came. Unfortunately, the time never came. For the past couple of years, my ex has been playing the system, triggering mod requests because he knew that would stall the trustees sale. I finally made the lender understand that I had absolutely NO interest in a modification, and they started to move forward with the foreclosure.
In the meantime – since 2012 and the cancelled short sale – ex has been renting the place. Yes, you read that right. He is renting it out, deriving income, and letting the loan go unpaid. I don’t even have words.
Well, the house is finally slated for the auction block (1 October), and his golden goose is threatened, he is contacting me, asking me to sign a quitclaim/warranty deed. We have had a bunch of back and forthing, with me refusing to sign away my interests without being legally off the loan and with him finally landing on the threat to “drag this out as long as possible”.
Bees, the only reason he is dragging this out is because he is getting scot free income. Meanwhile, I am left with a bunch of expensive and less than optimal options to divest myself of this situation. I know I’m an idiot…
MY QUESTION: Do I have any way to prevent him from renting the place as half owner of the property? I figure if I can prevent this activity, he won’t have as much incentive to drag this out anymore.
I appreciate your thoughts…