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    LROD's Avatar
    LROD Posts: 1, Reputation: 1
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    #1

    Aug 15, 2009, 06:38 PM
    Mortgage on my name, my father and I on the deed
    I own a 3 family property in Massachusetts. One unit is tenant occupied, my father occupies one and I live in the remaining unit. The mortgage is under my name only. Over 2 years ago, I became legally disabled and unable to afford the mortgage. My father offered to help by having the mortgage transferred to his name and remove me from the loan responsibility. Trusting my own father, I went to his mortgage broker and signed some paperwork. Ever since my father stated collecting rent from the tenants and I.

    Six months ago, I found out the mortgage was still under my name, my father had not made a single payment and what I signed was a quit claim deed to add my father to the deed. I put the property up for sale but my father has scared away all possible buyers. I called the mortgage company to do a deed in lieu of foreclosure but unless the property is vacated they would not agree to it. My father refuses to pay any rent, to stop collecting rent from the tenants or vacate. He claims that because he is on the deed I cannot sell without his approval and that it gives him the right to continue collecting rents.

    What can I do? SOMEONE PLEASE HELP ME!
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #2

    Aug 16, 2009, 04:59 AM

    You can hire a lawyer and try to prove criminal fraud. It's a long shot but possible.

    The other option is to let the house go into foreclosure.

    Im curious how in 6 months the mortgage company has not contacted you about being delinquient.

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