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    junius's Avatar
    junius Posts: 7, Reputation: 1
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    #1

    Dec 3, 2008, 11:40 AM
    Can the primary mortgage holder be evicted.
    1) Can the primary mortgage holder be evicted by the secondary mortgage holder.

    2)If the secondary mortgage holder has contributaled little to nothing to mortagage, taxes, & utilities can the primary go to civil court to have the secondary mortgage holder removed from the mortgage

    Confused:
    Need help please!! :
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Dec 3, 2008, 12:09 PM

    Who is on the deed of the property, not who is listed on a mortgage.
    So who is listed as owner on the deed.
    junius's Avatar
    junius Posts: 7, Reputation: 1
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    #3

    Dec 3, 2008, 01:30 PM
    Quote Originally Posted by Fr_Chuck View Post
    Who is on the deed of the property, not who is listed on a mortage.
    So who is listed as owner on the deed.
    The Deed of trust state:
    The grantor is myself, a single person, & my ex, a single person.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Dec 3, 2008, 01:36 PM

    The grantor? The grantor is the person deeeding the property not the person receiving the property.

    However, if you are joint owners, then there is no primary or secondary owner. Neither owner can evict the other. The only thing one owner can do is try to force a sale or buyout.
    junius's Avatar
    junius Posts: 7, Reputation: 1
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    #5

    Dec 3, 2008, 01:41 PM
    Quote Originally Posted by ScottGem View Post
    The grantor? The grantor is the person deeeding the property not the person receiving the property.

    However, if you are joint owners, then there is no primary or secondary owner. Neither owner can evict the other. The only thing one owner can do is try to force a sale or buyout.
    If no one wants to sell, can one win a judgement for sole ownership in civil court. If one person has been meeting all debt obligations & the other has not.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Dec 3, 2008, 01:47 PM

    No. As long as ownership was legally obtained, then there is no way one owner can force out the other. They MIGHT however be able to force a partition or buyout.
    junius's Avatar
    junius Posts: 7, Reputation: 1
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    #7

    Dec 3, 2008, 02:02 PM
    Quote Originally Posted by ScottGem View Post
    No. As long as ownership was legally obtained, then there is no way one owner can force out the other. They MIGHT however be able to force a partition or buyout.
    If one person could prove that they have made all of the payments on said property up until now, could that be a deciding factor
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #8

    Dec 3, 2008, 02:31 PM

    Not necessarily. But it would be considered in determining the share if the property is sold. For example, if the property is sold for $200K and one party paid $50K and the other nothing, then the $50K could be returned off the top, so the owners would split $150K not the full $200K. In other words the one who made all the payments would get $125K and the other $75K.
    junius's Avatar
    junius Posts: 7, Reputation: 1
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    #9

    Dec 3, 2008, 03:26 PM
    Quote Originally Posted by ScottGem View Post
    Not necessarily. But it would be considered in determining the share if the property is sold. For example, if the property is sold for $200K and one party paid $50K and the other nothing, then the $50K could be returned off the top, so the owners would split $150K not the full $200K. In other words the one who made all the payments would get $125K and the other $75K.
    Thanks for info... it was greatly appreciated :)
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