Q: Can I force a real estate sale if a co-borrower refuses or can not refinance?
I've been on a home loan for 10 years, but only lived in the home for 3 months. I've asked numerous times over the past 9 years for the other party to refinance with no resolution. They agreed to refinance in the presents of a family law attorney 6 years ago, but it was never submitted into court. The other borrower has a low credit score and has done nothing to improve their score so that they may refinance the home. I would like to purchase another home, but can not with this loan on my credit so I need it done ASAP.
A: Yes, you would bring a proceeding which is referred to as an action in partition. This would force the sale of the property.
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