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inbadshape · Jan 29, 2008, 01:01 PM

I am on title on a home in Alberta with an ex-girlfriend that is CMHC insured. Both our names are on the mortgage. She is living there and now has stopped making the mortgage payments. I am not allowed to access the property. It was 90 % financed and the mortgage company is now calling me for funds to cover back payments owing.

Any thoughts of what I can do or what will happen, what is the process? Can I get her evicted from our house so I can take it over? I am sure this will put a bad mark on my credit rating but I cannot afford to make the payments unless I get sole custody ( as she has now) 0f the property.

Can CMHC come after my other assets or property in case this turns into a financial loss for them?

Thanks…:confused:

ScottGem · Jan 29, 2008, 01:38 PM

You can't evict her because she's a part owner. You either have to buy her out or have her buy you out. Or you can sell the house together.

You can sue her for not paying her share of the mortgage which could force a sale.

JudyKayTee · Jan 29, 2008, 03:20 PM

[QUOTE=inbadshape]I am on title on a home in Alberta with an ex-girlfriend that is CMHC insured. Both our names are on the mortgage. She is living there and now has stopped making the mortgage payments. I am not allowed to access the property. It was 90 % financed and the mortgage company is now calling me for funds to cover back payments owing.

Any thoughts of what I can do or what will happen, what is the process? Can I get her evicted from our house so I can take it over? I am sure this will put a bad mark on my credit rating but I cannot afford to make the payments unless I get sole custody ( as she has now) 0f the property.

Can CMHC come after my other assets or property in case this turns into a financial loss for them?

Is there a Court order that you can't enter the property?

Otherwise - you are joint on the mortgage and both or either responsible. If she doesn't pay they will look to you.

Have you talked to the mortgage company and explained the situation? They may prefer to get her out NOW rather than drag their feet and do it later, particularly if you can make the payments yourself if you live there. I think it might be worth a try.

inbadshape · Jan 30, 2008, 11:13 AM

Thanks Scott and Judy,

She did get a order for me to stay away from the property, but since it was all made up stuff, it expired and she could not get a new one but the local police said it would be best for me to stay away and not try to get my belongings back because she could cry wolf again and I may end up in trouble. They advised to see a lawyer to get my personal belongings back... almost cheaper to buy new stuff.

I was just worried CMHC would come after me in case the house ends up selling in foreclosure at less than the mortgage. Was looking to find a way to get her out before they take it over.

Thanks again.. Lesson learnt... no more girlfriends on title... I can see this will cost me no matter what I do.

ScottGem · Jan 30, 2008, 11:17 AM

Not sure how it works in Canada, but you might be able to get the police or a sheriff to accompany you to the house to get your belongings. Just do NOT attempt to go there alone.

CMHC Professional · Feb 22, 2008, 04:27 PM

Some consequences you should know when dealing with CMHC. Foreclosure stays on your credit rating for the rest of your life. There is no time limit. All financial institutions will be notified when you apply for new credit. CMHC will also do a name search and will check to see if you own or owned pervious CMHC insured properties.