Can he evict me that easily if home loan in brother in law’s name but I pay mortgage? 5 Answers as of February 18, 2014

Five years ago, my brother in law obtained a mortgage in his name for me to live in a house. Verbal agreement that it was my house, I pay the down payment, mortgage, taxes, HOA's, etc. He is solely on the loan. We are both on the deed. We agreed that down the road I would clean up my credit, build my business and take over the loan/house. Last year, we agreed to refinance and put my name on the loan. I handed in all my proper paperwork. He claimed he did his part of getting the paperwork into the loan officer. During those few weeks, rumors flared of him having an affair behind my sister’s back. I ended up actually catching him at an airport with his mistress. Tons of evidence against him. In turn, he threatened to start an eviction process. Now they are going through a nasty divorce (custody, alienation of affection suits...big money divorce) as he is a surgeon. He continues to threaten eviction every time he fights with my sister. My now wife once worked for him side by side with his mistress. My wife was forced to quit her job rather than work for him and be bullied by the mistress. True story. Do I have any rights? The amount borrowed was $154,000 on a $172,000 property. Balance is $146,000. Property value is now down to $130,000. I was advised by most to quit making the mortgage payments and save the $1300/month into another savings account until it's time to go. A part of me doesn't even want the house anymore. Any advice you could pass on would be greatly appreciated.

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Stuart P Gelberg
Stuart P Gelberg | Stuart P Gelberg
You are on the deed and therefore an owner and cannot be evicted.
Answer Applies to: New York
Replied: 2/18/2014
Dessy & Dessy, a Professional Corporation | Ronald D. Dessy
Your brother in law cannot evict you if you are a co-owner of the home. There does not seem much point in continuing to make payments on a home with negative equity, unless you're attempting to save a good credit rating. Your brother in-laws option is to file a partition action to liquidate the co-ownership interest in this home by forcing the sale of the property.
Answer Applies to: California
Replied: 2/14/2014
Patrick W. Currin, Attorney at Law | Patrick Currin
If you are on the deed, you cannot be evicted.
Answer Applies to: California
Replied: 2/14/2014
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
If your name is listed as a property owner with his he has no right to evict you. Contact an attorney.
Answer Applies to: Michigan
Replied: 2/14/2014
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
You screwed up by not getting your name on the property. You might be able to sue him for the amount that you paid to the mortgage company on his behalf, but that is probably about all you have going for you.
Answer Applies to: Idaho
Replied: 2/14/2014
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