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Real Estate

Real Estate Purchase Agreement

Florida

Asked on Jun 19, 2022

Deed

I am on a deed with my brother. He took a loan out on the home and fallen behind on payments. What can I do to protect my half of the deed and keep from losing our home.

1 Attorney answer

Answer

Real Estate

Florida

Answered 881 days ago

Jason Q.

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Business Lawyer
Licensed in Florida
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Member Since:
June 13, 2022

A joint owner of real estate can generally encumber the property, such as by mortgaging their interest, without permission of the other joint owner. If your brother falls behind on payments, the lender could foreclose on his interest in the property. They could then probably force a sale of the property in an action for partition. To prevent this, one option would be to pay off or assume the loan and buy out your brother's interest in the real estate. Since he is behind on his loan, you could probably drive a pretty hard bargain. If you do nothing, the lender could eventually take your brother's interest in the property and force a sale.

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