Do I foreclose?
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I bought a house with my French fiance' 2 years ago. 1 year ago, he left me to move to Canada to be with his kids and left me with the house, to pay for myself. I am the only person listed on the mortgage, since he wasn't a US citizen and had no credit history to get a loan. We are both listed on the deed. In the year we've been apart, he has paid nothing towards the mortgage or expenses. I have no money left once I pay for the mortgage and bills. I tried to refinance, but because his name is also on the deed (he put up the downpayment so thought this was right) he has to sign a power of attorney to let me refinance but won't do so. In the meantime, this house is for sale. I found another I want badly in my price range. Someone recommended I get a bridge loan and once I am in the new house stop paying and foreclose on this one. I have a perfect credit rating right now and have tried for a year now, to sell the house I'm in.
Do I foreclose?One possibility is to force a sale of the house. As an owner you have an absolute right to sell and another owner can not stop you. However, you have to file a partition lawsuit and get a court order to do that. First you should try to buy him out and if that doesn't work out then file the suit. The threat of a partition lawsuit should move him to do something because he could wind up with less than he thinks he is going to get. I am assuming he wants his down payment back although you have not mentioned what he wants out of the deal.
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