Can partition take place if not on the title? 5 Answers as of January 15, 2014

2007, broker drew up docs. He being cosigner with promise to quit claim and help obtain new loan in 3 years. He help to refinance and wouldn't quitclaim until bank needed him to quit claim as our mod based on my income alone. He quit and mod approved now he wants back on title for partition action. Can he force us to be back on title he never put a penny just collected his commission?

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The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
Sounds like you can claim fraud against him. I would not put him on title.
Answer Applies to: New York
Replied: 1/15/2014
Janke Legal Consulting | Bruce C. Janke
Absent a written agreement, the broker has no remedy at law. Even if he could prove that you orally agreed to put him back on title or to partition the property with him, oral agreements concerning real property are unenforceable under the so called Statute of Frauds. And even if the broker could prove an enforceable contract, his remedy would be limited to money damages in the amount of the fair market value of his claimed share of the property. I suppose the broker could file some sort of proceeding in equity (e.g., reformation). But if he cannot prove that he contributed money to the acquisition of the property, then he cannot prevail. However, you should not rely entirely on the opinion of a LawQA attorney who has not heard all the facts and has not reviewed relevant documents. I urge you to seek an in person consultation an attorney specializing in real estate law. Your county bar association may have a lawyer referral program that will arrange a consultation with an attorney in whatever specialty you need for a nominal fee.
Answer Applies to: California
Replied: 1/10/2014
James C. Hord, Attorney at Law | James C. Hord
I can't answer that question, since it involves technical real estate advice. You will need to consult with a real estate attorney in order to straighten this matter out.
Answer Applies to: North Carolina
Replied: 1/10/2014
Law Offices of Linda Rose Fessler | Linda Fessler
From what you have said, he has received his commission and should not be allowed back on the title.
Answer Applies to: California
Replied: 1/10/2014
Danville Law Group | Scott Jordan
No, you do no have to put him back on title. In fact, he probably is committing fraud and should be reported to the California Bureau of Real Estate. They should investigate why he was on title in the first place.
Answer Applies to: California
Replied: 1/10/2014
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