How to Handle Loan Repayment with Ex Son/Daughter Inlaw
|
Summary
My son and daughter-in-law wanted to purchase a mobile home about 10 years ago. Their credit was bad, so my husband and myself took out the loan to buy it. They are now divorced. The loan payment amount is $ 333.24 monthly. I make a payment each month for $335.00. She sends me a check for $333.00. I am losing money on this. What are my options? |
“My son and daughter-in-law wanted to purchase a mobile home about 10 years ago. Their credit was bad, so my husband and myself took out the loan to buy it. They are now divorced. We pay the taxes, insurance and all repairs. The loan payment amount is $ 333.24 monthly. I make a payment each month for $335.00. She sends me a check for $333.00. I am losing money on this. What are my options? Our 3 grandchildren live with her.”
If you’re the legal owner (on the title), you could start unlawful detainer proceedings and evict them. If you are not the owner, you could try subtlely to pressure them to get financing in their own names. Maybe tell them that you want to sell the property unless you can get your money out and your name ff the loan. You could ask her to pay the actual amount so you’re not losing money each month. You could stop making payments and allow the property to go into foreclosure with the hope that you will pay it off later. Then teh bank will do the dirty work of evicting them, spoiling your credit in the process.
I know the $1.76 shortfall each month is a tough price to pay as a grandparent to keep your grandchildren with a roof over their heads, nearby enough for you to be able to see them. And sure, if you move D-I-L out of there, she’ll make it tougher for you to see them . . . but afterall, it’s not just the $1.76 but the principle! Actually you are probably building some equity if you are the record owner, so maybe you are also paying yourself something.
My suggestion if the money is the real issue would be let her know the real amounts and see if she wants to pay all the costs associated with the property or set a time when she will leave. Otherwise communicate your concern without threat and see if you can come to an understanding about the finances.
NB: For those reading this answer, try to never obligate yourself to a lending agency without gaining an enforceable ownership interest in the thing being purchased. I know we do things for “love” but when you are doing someone a favor, there is an opportunity to also teach a lesson about responsibility and accountability while covering your own behind. This all started with “bad credit” in the first place.
Request a confidential divorce or family law case evaluation with an attorney in your area right now! Don’t delay! Time wasted can have a serious impact on the outcome of a family law case!
|
Get notified whenever ANY new article is posted to DearEsq!:
*We NEVER share your email address with anybody! |
I Gave a Friend a Loan and he Used Equity on his Home as Collateral, Now that the Property is Foreclosed What Should I do?
Bank’s Oral Promise as Good as Paper it Was Written On
What to do to Remove Secondary Person/Name from a Deed and Loan?
For more on this subject check out these categories: Divorce, Family Law, Finances
Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author
State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.