Confused re: tenants in common complicated issue in Florida

[Jenn]

Jurisdiction

Florida

Ok, my fiance of 2 years ( together 3 ) bought a house ( only name on loan) in Aug.2014, a few months later he added me on deed 50/50 tenents in common. Now the crazy part : I rcvd. A call from him Dec.3,2015 that he is at the airport and he's not sure he's coming back. Hes 67 yrs old and Im 51 . My question : I've been trying to contact him but he won't answer the phone and if he went back to his home state ( Puerto Rico ) I have no idea how to begin to find him. What can I do in these circumstances... I don't want to stay in this house if he isn't here with me... Suggestions plzzzzz.....

 

[adjusterjack]

Do you have a copy of the filed recorded deed showing you as 50% owner?

If not, get it from the county recorder or land record office.

If, indeed, you are 50% owner then you'll have to decide if you want to stay in the house and protect the value of your ownership by making the mortgage payments to prevent foreclosure.

Keep in mind that equity in the house is worth money to you.

Or, you can live in the house until it's foreclosed for non-payment. That could give you several months to save up your money for a move.

As to your emotional issues with the guy, you'll have to figure that out for yourself. If you think he'd gone to PR you can hire a private investigator in PR to find him if you want to or you can wait for a while and see if he contacts you in the near future. It's only been a few days.

Bottom line: Nothing had to be done right this minute so don't make any hasty decisions that you might regret later.

 

[Jenn]

Do you have a copy of the filed recorded deed showing you as 50% owner?

If not, get it from the county recorder or land record office.

If, indeed, you are 50% owner then you'll have to decide if you want to stay in the house and protect the value of your ownership by making the mortgage payments to prevent foreclosure.

Keep in mind that equity in the house is worth money to you.

Or, you can live in the house until it's foreclosed for non-payment. That could give you several months to save up your money for a move.

As to your emotional issues with the guy, you'll have to figure that out for yourself. If you think he'd gone to PR you can hire a private investigator in PR to find him if you want to or you can wait for a while and see if he contacts you in the near future. It's only been a few days.

Bottom line: Nothing had to be done right this minute so don't make any hasty decisions that you might regret later.

Thank you for the reply. Yes I have papers from the county that show I have 50% and he has 50%... I think I will try to hang in there and not rush- I'm just apprehensive as to what rights I had :-/

 

[army judge]

Ok, my fiance of 2 years ( together 3 ) bought a house ( only name on loan) in Aug.2014, a few months later he added me on deed 50/50 tenents in common. Now the crazy part : I rcvd. A call from him Dec.3,2015 that he is at the airport and he's not sure he's coming back. Hes 67 yrs old and Im 51 . My question : I've been trying to contact him but he won't answer the phone and if he went back to his home state ( Puerto Rico ) I have no idea how to begin to find him. What can I do in these circumstances... I don't want to stay in this house if he isn't here with me... Suggestions plzzzzz.....

Your name may be on the deed, but if its NOT on the mortgage, or if there is no mortgage; RUN AWAY from this as fast as you can.

The day he called me, I'd have packed my junk and vacated that house within a couple hours.

No piece of property is worth a human life.

You have no idea why dude DISAPPEARED, or even if he DISAPPEARED.

Heck, for all you know, he may have enemies from whom he's hiding.

His enemies could have made old dude ASSUME ROOM TEMPERATURE.

Bottom line, if you value living, get out while you're still alive.

If foul play has befallen OLD DUDE, you could get blamed for his demise.

These days, you never know what past a person had, or what the person did in the present to cause you to be hurt.

 

[Jenn]

Your name may be on the deed, but if its NOT on the mortgage, or if there is no mortgage; RUN AWAY from this as fast as you can.

The day he called me, I'd have packed my junk and vacated that house within a couple hours.

No piece of property is worth a human life.

You have no idea why dude DISAPPEARED, or even if he DISAPPEARED.

Heck, for all you know, he may have enemies from whom he's hiding.

His enemies could have made old dude ASSUME ROOM TEMPERATURE.

Bottom line, if you value living, get out while you're still alive.

If foul play has befallen OLD DUDE, you could get blamed for his demise.

These days, you never know what past a person had, or what the person did in the present to cause you to be hurt.

I'm very ready to run believe me :-/

 

[adjusterjack]

Thank you for the reply. Yes I have papers from the county that show I have 50% and he has 50%... I think I will try to hang in there and not rush- I'm just apprehensive as to what rights I had :-/

You own a half interest in the house. That gives you the right to live there as long as the payments on the loan are made.

If you don't want to make the payments then you've probably got several months until the lender starts foreclosure.

They'll start by sending a late notice after the next payment is due. They'll continue sending letters for a while, then the letters will start coming from the mortgage company's collection department. Eventually there will be a notice that foreclosure is pending. All of that is going to be addressed to him because you aren't on the loan.

Eventually, though, you'll be served a summons and complaint in judicial foreclosure with both your names on it because you are also an owner.

You are free to ignore that if you don't want the house and just let the foreclosure go to default.

At some time after that you'll get a court order to leave.

The point of my comments is that you could (if you wanted to) live rent free from several months to a couple of years before you actually have to move out as long as you pay for your utilities.

Oh, one more thing, find the homeowners policy. If you are not a Named Insured on the policy you have no coverage for your personal liability or personal property. As an owner you can call the insurance agent and get your name on the policy along with his.
The insurance company will send you the endorsement adding you to the policy.

If, for some reason, the insurance company won't do that then it's in your best interest to buy yourself a renters policy (HO-4) to cover your own liability and personal property. It only costs a couple of hundred and well worth having so nothing falls through the cracks.