Mortgage Payer Moving Out (foreclosure, rental, HOA fees) - Northeastern Pennsylvania - Pennsylvania (PA) -Scranton, Wilkes-Barre, Pocono area - City-Data Forum

rjlocal22 · 11-16-2018, 07:29 AM

I am retired and purchased a house in the Pocono area. I allowed my niece and her family to move in with me and I also place her name on the deed at settlement of the house.
It was understood at the beginning that her husband would help me with the maintenance and repairs of the house. He has done very little after 14 months compared to what I have done and none of his money was used for any needed repairs.
This is because he and my niece work as contractors and they lose too much time between jobs.
All that I required was for them to pay for all utilities and HOA Fees and to help me with maintenance and repairs.
Now they have fallen behind in their utility payments and HOA Fees. They refuse to quit their contracting jobs and get regular employment. So for the last 14 months, I been the main support.

So finally I had enough and see no way out but to move out and notify the mortgage company that I will not be making any more payments. All I have left is enough money to pay a moving company and cost of rental fees for another house.
I know my high credit rating will be affected and I may face financial demands after I move.

So the question is: what other problems will I be facing after I move?

fisheye · 11-16-2018, 07:40 AM

I would seek legal advice; it's your name on the papers and not their name. Have you asked the mortgage company what they think? Have you considered evicting your nice and her family?

gus2 · 11-16-2018, 07:52 AM

Is your name also on the deed? If so, you are responsible for the mortgage. I imagine utilities and HOA will also be after you to pay. If you don't have a written agreement with your niece, you're pretty much out of luck.

theatergypsy · 11-16-2018, 08:01 AM

Sorry, OP, you might as well stay where you are. You are on the hook for the mortgage. You may have put your niece's name on the deed but if she isn't on the mortgage, she has no financial liability. A lawyer would be a good idea.

mathjak107 · 11-16-2018, 08:12 AM

yep . if she gets sued she loses the house and you are stuck paying for it . this is a bad idea . divorce can be another issue as her husband can claim a piece or worse she passes away god forbid and he is your partner .

never add anyone to a deed who is not on the mortgage .

rjlocal22 · 11-16-2018, 08:41 AM

Thanks everyone,
I also look to the future. I am still healthy at age 79 and may reach 90 years of age. So when I pass away, my niece and her husband will not be able to afford the mortgage even if the mortgage company allows them to assume the mortgage. If they are having trouble now in keeping up with their responsibilities, then a foreclosure is in their future. So why should I still stay and waste all the years of mortgage payments, taxes and insurance? If I am not mistaken, no one can seize my pension or social security to pay off debts. Also I do not have anything in writing from my niece and her husband as to their responsibilities. So I believe my best move is find another house and rent it and not let the free loading relatives to live on the cheap with me.
Also the house and land is to big for me to maintain by myself and I cannot force my niece and her family out if her name is on the deed.

fisheye · 11-16-2018, 09:01 AM

Quote:

Originally Posted by rjlocal22

Thanks everyone,
I also look to the future. I am still healthy at age 79 and may reach 90 years of age. So when I pass away, my niece and her husband will not be able to afford the mortgage even if the mortgage company allows them to assume the mortgage. If they are having trouble now in keeping up with their responsibilities, then a foreclosure is in their future. So why should I still stay and waste all the years of mortgage payments, taxes and insurance? If I am not mistaken, no one can seize my pension or social security to pay off debts. Also I do not have anything in writing from my niece and her husband as to their responsibilities. So I believe my best move is find another house and rent it and not let the free loading relatives to live on the cheap with me.

I still think that you should seek legal advice first. If you walk away from a mortgage I do not think that will help your credit rating if you want to buy another house. I think you might be doubling your financial obligation and you are walking away from your problems instead of addressing them (evicting your niece and family). Relatives do not take advantage of relatives and they are walking over you like a door mat. They need a little tough love right now and it is long overdue for them to pay their dues. As it is, cold weather evictions take longer in PA (another reason to seek legal advice).

If you are successful in an eviction; do you have your home set up for privacy between your personal space and theirs? If you do; you might try renting after a through background check. That way you would end up with help paying your bills instead of being stuck. But you did mention HOA and maybe they have regulations against tenants? Possible they would let you rent out the whole house if that was the case. I have the name of a pretty reasonable lawyer if you want me to send you his name; just ask.

rjlocal22 · 11-16-2018, 12:07 PM

I intend to rent another house. I do not have the money for a lawyer. I have just enough to pay for moving expenses plus rental fees. .

fisheye · 11-16-2018, 12:47 PM

Quote:

Originally Posted by rjlocal22

I intend to rent another house. I do not have the money for a lawyer. I have just enough to pay for moving expenses plus rental fees. .

Unfortunately I do not think that will solve your problems. Are you afraid to tell them that you're going to evict them? They will never grow up as long as they have you. The mortgage company will tell them to leave just as soon as you pull out. I am just afraid that you're making a mistake.

DavidWebb · 11-16-2018, 12:50 PM

Quote:

Originally Posted by rjlocal22

I intend to rent another house. I do not have the money for a lawyer. I have just enough to pay for moving expenses plus rental fees. .

This is a situation in which I always remember the advice my uncle gave me back in the 70's when I was around 15 or so: "Never do business with family because they are the first ones to steal from and backstab you!!" To this day I pay for what people do for me even if they are family. Because when its free, especially with family, it always ends up costing you more.