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

    Nov 7, 2012, 05:16 AM
    Remove name off contract
    Buying a house with a friend she has not paid her part would like to take her name of contract
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Nov 7, 2012, 05:19 AM
    Have you, her and the seller, all sign an agreement taking her off
    Dserna's Avatar
    Dserna Posts: 7, Reputation: 1
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    #3

    Nov 7, 2012, 05:27 AM
    Quote Originally Posted by Fr_Chuck View Post
    Have you, her and the seller, all sign an agreement taking her off
    No she won't sign
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #4

    Nov 7, 2012, 05:33 AM
    Then you can't. And you are each liable for the entire payment - the lender doesn't care if they get it all from you, or all from her, or part from each of you. If she isn't contributing her part, you have to sue her, but just for money, not for her name off the contract.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Nov 7, 2012, 06:07 AM
    More details are necessary. What stage is the purchase in? Where is this happening? Do you have enough to buy the house on your own? What is the state of financing?
    Dserna's Avatar
    Dserna Posts: 7, Reputation: 1
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    #6

    Nov 7, 2012, 08:49 AM
    It was a deal between us and seller got 4years into paying on it what lagel way can I do it
    Dserna's Avatar
    Dserna Posts: 7, Reputation: 1
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    #7

    Nov 7, 2012, 08:50 AM
    Quote Originally Posted by Dserna View Post
    It was a deal between us and seller got 4years into paying on it what lagel way can I do it
    N.m
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #8

    Nov 7, 2012, 09:18 AM
    Ok, so this was a contract for deed. That wasn't clear.

    Your only option is to sue the other party to either pay their share or sign over the contract.
    Dserna's Avatar
    Dserna Posts: 7, Reputation: 1
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    #9

    Nov 7, 2012, 01:22 PM
    If I can get her to sign what do I get her to sign if not sue her money she owes
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #10

    Nov 7, 2012, 01:25 PM
    You have to draw up a new contract with the seller, that removes her name along with a release from her agreeing to being removed. I would strongly suggest having an attorney prepare the documents.
    Dserna's Avatar
    Dserna Posts: 7, Reputation: 1
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    #11

    Nov 7, 2012, 01:31 PM
    Me and seller have one already seller agrees she is in brech of the contract do we her need in order to sign the new one sorry at work so bear with me
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #12

    Nov 7, 2012, 01:39 PM
    Well if the contract has terms that can be used to just says she is in breach, then you may be able to use it. We need to know exactly what the contract says about a breach.
    Dserna's Avatar
    Dserna Posts: 7, Reputation: 1
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    #13

    Nov 7, 2012, 02:09 PM
    She has not paid a dime mortgage texes nothing we just did same contract just took her name off and up the mortgage payment
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #14

    Nov 7, 2012, 02:20 PM
    You aren't understanding me. You just can't remove her name, You have to have legal grounds to do so.
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