Des Moines, IA asked in Banking and Real Estate Law for Iowa

Q: If I am on the deed/title to a home but not the mortgage, can I be forced to sell or move out my the mortgage holder?

My girlfriend and I have lived in a home together for 7 years in Iowa. We recently split up and I am living in the home. I am on home title/deed, but I am not on the mortgage. My ex is the sole mortgage holder. I am paying her the monthly mortgage. We have a written agreement that is notarized that she will sell the home to me for x amount and her payout if 1/2 the equity in the mortgage. I have now offered to buy the home at our signed and agreed terms, but she is now holding out and threatening to get lawyers involved. Since she is the mortgage holder and we are both on the title/deed, can she force the sale of the home, or evict me from the home, even though I continue to pay the monthly mortgage and we have a written/notarized arrangement for me to pay the mortgage monthly, live in the home, and option to buy the home as an already agreed amount?

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: Girlfriend is not the mortgage holder. That is the lender and whoever signed the note is personally liable to them. Whoever signed the mortgage is the mortgagee. The mortgage probably has a due on sales clause which might be violated by executing your agreement. Then foreclosure might occur.

Hire an IA attorney to examine the deed, note and mortgage. Then he can advise, and possibly ask the mortgagee about approving your becoming the deeded owner. I doubt they will let friend off the note without a refinance payoff.

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