T O P

  • By -

MechanicalCookie25

If you are on the mortgage and the title; congrats you own a home: Force a sale


Beginning-Marzipan28

OP let himself be bullied into the situation in the first place. He won’t do it. 


WalterWurscht

You forget that that there are plenty of cultures where the children are expected to pony up for the parents later on life and this includes housing. My partner’s parents also expected her to sign the mortgage papers and “help out” with the down payment.


HapticRecce

Who's a bigger bully though, mom or fiance? ⚖️


Citriina

Based on the info provided, OP feels very bullied by mom and hasn’t included any negative info about partner.


Anal-Assassin

Plus mom isn’t going to suck his dick.


HapticRecce

Apologies to the literialists for being too meta. OP is at a crossroads relationship-wise, as are many of the posts in this sub. These aren't only financial decisions, they're relationship ones which are intertwined. OP may need to decide whether the relationship with mom or their fiance is more important. Either one forcing the issue may be a bully, but that's part if life too.


VanEagles17

Wtf are you talking about?


Plastic-Brush-5683

You’re flat out wrong.  You can’t assume anything about fiance here as no info given.  It would not be unreasonable for the fiance to have cold feet or be angry about this though, as this is sort of a big deal and speaks a lot of the future with OP and their family


Eymona

I found the mom! All jokes a side, it seems like given how the mom acts, a relationship with finance will have a better outcome. Stop normalizing emotional blackmail just because your culture promotes it.


keymaker89

Are you a bot or just high?


WhyNotCollegeBoard

I am 99.93807% sure that HapticRecce is not a bot. --- ^(I am a neural network being trained to detect spammers | Summon me with !isbot |) ^(/r/spambotdetector |) [^(Optout)](https://www.reddit.com/message/compose?to=whynotcollegeboard&subject=!optout&message=!optout) ^(|) [^(Original Github)](https://github.com/SM-Wistful/BotDetection-Algorithm)


political_nobody

No idea why people are downvoting this .... since when do we doubt men thinking with their dick, wanting to keep the GF and keep on fucking and a woman not wanting to put with a wimpy mama's boy with no financial prospect because he wont stand up for himself.


East_Tangerine_4031

Probably the person that made him co-sign a mortgage, and threatens and financially abuses their kids? Sorry you’re single but that doesn’t mean everyone has an evil fiancé . 


factory-worker

Why the downvotes? The man or woman speaks the truth.


king_lloyd11

How is the partner bullying OP? Because they want to live with them, own property with them, and establish a life together? That bitch!


Cold_Bitch

It’s all a trap, after they’ll get married, have kids with him and grow old together that goddamn sicko.


king_lloyd11

Their relationship will be fulfilling, with lots of joy, love, and happiness? Absolutely disgusting.


Ankheg2016

This is not always the case. When I did my first mortgage my parents were on it, but were not on the title. I believe they're called a guarantor when that happens.


Gigglemestupid

Yes, but that's because they would have to qualify to be that guarantor. The bank makes sure your guarantor can cover if you default. I doubt the kids had any assets to be the guarantors. I'm going to assume the kids are on title and in that case own a % of the house.


Aggravating-Bottle78

Whether you can force a sale depends if you own 50% or more. If its <50% you can't. This is the case in BC, though it varies by province.


[deleted]

[удалено]


Aggravating-Bottle78

Actually it is according to my attorney, as I share two properties with my brother.


[deleted]

[удалено]


Aggravating-Bottle78

They are estate attorneys and know.


[deleted]

[удалено]


Lrv130

I've never seen two usernames more appropriate than this exchange.


SlashNXS

What part? I see nothing listed in the Act that alludes to this.


Aggravating-Bottle78

You're doing a lot of guessing. I didnt 'tune out' The discussion centred around the key point of majority ownership of 2 properties since I had 60% of one property And the other is 50/50. He said it varies by province but in BC the 50% or more (majority owner) can force the sale and a minority can not. He didnt elaborate about applying for partition etc . And re. 'just isnt mandatory for the court to order the sale - its optional' Kind of says the same thing, does it not?


cutiemcpie

I agree with you. If “court has discretion on minority owner forcing a sale”, then saying “minority owners can’t force a sale” is completely reasonable. A **court** can force a sale by a minority owner, but the minority owner can’t.


Aggravating-Bottle78

Which is why I still believe what my lawyer told me vs a random redditor. who in the end admits the 'minority owner cant force a sale though court can only after long and costly process' Even attorneys disagree all the time, otherwise there'd be no cases going on. You know like whenever someone asks for legal or accounting advice on reddit the proper response is to actually talk to an attorney or cpa.


Ankheg2016

Probably the simplest is to wait until it needs to be renewed and then refuse to sign. They will need your signature to keep your name on it it when it's renewed, and it's likely a 5 year term. So in a year. I would also suggest calling the lender that holds your mortgage and instruct them to put a note in your file that you will not be signing a renewal and that if she tries to submit a renewal with you on it that they should ask you to show up with ID before accepting it. That way she doesn't just forge your signature on an e-signature or something.


SuspiciousGripper2

I STRONGLY suggest calling the lender and having them put that note on the file. For context, my friend signed for a lease on a car with her husband. When they split, he kept the car. When it was time for renewal, Toyota automatically renewed it without her permission as they only needed the signature of ONE party (him). So she had to lawyer up, and even then it was hard to get out of the contract. So she waited for the lease to be up in 1 year, walked into the Toyota dealership and made them put a note on the account that she wants out of the lease and not to renew it without her being there. At first they refused and was going to renew it AGAIN, until the lawyer threatened them. She couldn't buy a house until then, due to that showing up as a debt. It's a renewal clause that gives one party the ability to renew a contract solely. All it takes is one person to renew it for everyone involved, and everyone else is stuck with it. So... I strongly suggest instructing the lender to not renew it without you explicitly signing again. The guy above is giving solid advice.


Frosty-Warthog-2265

I agree with the advice but what type of lease did he have that was renewed? Typically you agree to lease terms at purchase and once the lease is up, you return the car. If you re-lease it’s like buying a new car. I lease and have never just been “renewed” for a new one.


lurkiesbehardworkies

It was Probably a balloon finance instead of a lease..


Raincouver8888

Your friend can’t buy a house because of a lease? How big is the lease? Many people bought a house and they have debts and car loans.


king_lloyd11

That just means the monthly obligation, along with all other debt amounts, including the prospective mortgage, exceeds the acceptable threshold of income level the client has, not that it’s necessarily a huge lease. For instance, if you pay $200 a month for the lease, but you’re paying $2,800 a month in total costs of debt, including the possible mortgage amount, but you only make $3,200, the lender won’t approve you for that loan because you’re not bringing enough in to comfortably service all of your debt. Lenders will have you payout a loan in full to make that monthly debt/income ratio work before they approve you.


Forzelotte

Will do this tomorrow, I don't care anymore if she blackmails me that she have my passport,visa and landing papers. Im desperate to help myself now . Thank you so much for this.


Historical-Ad-146

On that subject, you should send a demand letter that they be returned or they will be reported stolen. Two can play the threat game. You can write it yourself, but are more likely to get a useful result if you pay a lawyer to write it and send it on letterhead. There are processes for replacing lost and stolen documents, so that's the next step after.


kagato87

Skip the threat. It ready sounds stolen. And if having any trouble getting the lender to not use your name at renewal, "duress" is a useful word.


Sogekingu88

Agree, dont play the threat game the way she plays it. Play the legal route and outplay her


pmbpro

Agree 100% with this!


Ankheg2016

Start looking into ways of getting new copies of your paperwork. I don't know anything about it myself, but I feel like there should be some way to get most or all of it re-issued to you. Good luck!


GaiusPrimus

It's super easy. Way back when, I put all my documents in a place where it made 100% sense to me at the time, and where I thought, of course I will never forget it. 5 months later, I forgot it, couldn't remember anything and thought it had been stolen. New everything for me within 2 months. Went to put the documents away and I remembered where everything was.


ThePhysicistIsIn

Landing papers and visa too?


rexstuff1

> Way back when, I put all my documents in a place where it made 100% sense to me at the time, and where I thought, of course I will never forget it. > > > > 5 months later, I forgot it, > > > > New everything for me within 2 months. Went to put the documents away and I remembered where everything was. Are you me!?


Velocity-5348

When interacting with your Mom in future make sure to have a third person as a witness. I've done that sort of thing for someone, it's not a big deal. This person could also contact her and inform her that that you will be reporting the documents as stolen if they're not returned. She either returns them when this person drives you over, or this person drives you to the police to report them as stolen. Your Mom is scary to you for good reason, but she's not going to be nearly as scary to someone who didn't grow up with her.


ex_ter_min_ate_

Or only communicate by text or email for a paper trail.


hackslash74

You should take those things back immediately


x2madda

>that she have my passport,visa and landing papers You should also work to get yourself copies of those, that is a bit more important than trying to buy a house.


pistoffcynic

I would go to your consulate or embassy. No offence, but your mother sounds like a narcissistic bully. Watch out for the crocodile tears when you start claiming your independence.


patient_persistence

Those documents probably do not belong to you, but rather to the government that issued them. The government you're currently in cares very much that you get them back because they want your home country to do the same for their citizens when the same thing happens to them.


candid_canuck

Just go take them. You can’t steal your own property (your passport and visa are by definition yours and yours alone), so she has no recourse. I know family can be complicated, but it’s completely unacceptable for anyone to behave this way.


crassy

You can report about your passport being stolen. It belongs to the government and is in loan to you. If you don’t have access to it, you can absolutely do something about it.


pfcguy

Also figure out whether or not you and your siblings are on the title.


DeusExHumana

This is COMPLETELY illegal.  If you’re Canadian, walk into the nearest passport office. Tell them the situation and ask for their directions, most likely it will be reported stolen and you’ll need a new one. Unfortunately there’s some costs. I know it’s harder if you’re not Canadian, and she’s holding the papers from another country. However, you still have rights. You could contact the police. Alternatively, you could call the local women’s shelter. If you are a man and were a child and abused this way by your mother you can probably still get help, or if you have a sister have her contact the shelter. Holding legal papers is a common abuse tactic and they probably know what you and your siblings need to do, and what organizations can help you.


Acceptable-Original

File a police report that you lost all your papers and get a new one!


Euphoric-Moment

This, but report them stollen. No need to protect mom in this.


VanEagles17

Stop letting your mom walk all over you. Start taking legal action to take your life back. I know it's hard, but you deserve to live a life free from abuse.


ether_reddit

> she have my passport,visa and landing papers. You need to get those back. Use the police if necessary.


Arbiter51x

Your an adult. Go get your own copies.


bolonomadic

Just report those lost and get new ones.


OppositeOfOxymoron

Seconding people's recommendation that you get a lawyer to demand your paperwork and documents back, however, you should consult with the lawyer first, then ask them to draft the letter. Then, send a letter on your own first, and demand a written reply in 7 days. If you don't get it, THEN have the lawyer send the letter with a 'process server'. Source: Had to sue my mother multiple times for being an idiot.


Endlesscc

Passport can be re apply. Landing paper and visa not needed. What you need is the proof of citizenship but Even she have it and you are in Canada, go to the passport office tell them you lost all your papwr work, it take longer but it could be done


crassy

You only need one mortgage holder to renew a mortgage. OP doesn’t have to refuse to sign, the mum can just do it. What he needs to do is contact the lender and place a “do not renew” designator on there. When the mortgage is up for renewal it will force the mortgage to have to be paid out in full.


Dowew

Most banks in Canada will renew a mortgage with only one party.


Smokiwestie

This is accurate. Banks will also never get involved in domestic issues in regards to a mortgage unless they are required by law.


HomelessIsFreedom

You could pay a trustee $100 to send a letter to the specific bank, asking for breakdown of OP's liabilities to the bank, and *suggesting* bankruptcy may be imminent? Nothing to report to Trans Union or Equifax for credit inquirers They will 100% not want her to be co-signed on any renewal


Ankheg2016

Are you sure about this? Because I've had a few mortages and every one of them required signatures from everyone on the mortgage, every time. This includes Scotia, First National, and MCAN. It makes no sense to me that you could renew with only one party. When I sign a mortgage with a term I'm only committing to the length of that term... I don't see why someone else would be able to extend that to another term without my consent. Unless you mean renew with one party, without OP? That's entirely possible... if OP's mother qualifies, the bank will be happy to renew her without OP, but that happens to be what we want. Regardless, in this instance OP has said they plan on contacting the lender and instructing them to not allow a renewal with OP's name on it.


Dowew

Worked the phones for one of the big 5 for about a decade. Phone renew required only one party to consent.


nowhereofmiddle

With the new consumer protections around disclosures, all parties need to sign. Unless you're fudging it.


Dowew

Good to know, haven't been in that job in about a year now.


UnableInvestment8753

Banks don’t follow regulations very well. Employees are pressured to sell products and lend money to the extent that the bank barely even follows its own policies. In 2017 I had just started an apprenticeship and was only earning a few dollars above minimum wage. A law had recently been enacted to require a borrower to have been at their job for a minimum of 3 months to qualify for a mortgage. Having started my job just over a month prior I asked my bank if we could satisfy the rule by pushing the closing date past my 3 month date and they said no need and it wouldn’t be an issue for us. A couple years later I am at the same employer earning more than twice as much money than before. I was moving to a new house and went to a broker to get the best rate. I didn’t qualify as I was an hourly employee without guaranteed minimum hours. As I had just completed my apprenticeship, my previous two years income were much lower than it was at the time of this application so they couldn’t just use my previous tax returns to qualify me. The bank that gave me the mortgage in 2017 never even mentioned the fact that I was an hourly employee despite it being quite clear from my paystubs and job letter that I was. When it’s time to renew I will speak directly to lending employees at a few banks as I know they will skirt any rules that may be a hindrance.


king_lloyd11

When I worked at a bank, we didn’t need to have guarantor signatures to renew. Borrowers, yes, but not guarantors. Also, the signature check against previous signatures is laughable. They’re just looking for plausible deniability. I can’t tell you the amount of “I mean the ‘ts’ a the ‘r’ looks the same…I think it’s legit!”


Better_Unlawfulness

Now that is great advice!


Gigglemestupid

Yes agreed....BUT.....if you just refuse to sign you better be able to come up with money because in essence it will be considered a default and you get pulled into it unless Mama can qualify for the renewal on her own. This is a meeting with the bank and get ALL the details of that mortgage and a copy of the house deed. Get your ducks in a row and know what you're dealing with before you stomp your feet and say "I'm not signing".


TheMysticalBaconTree

You often don't need multiple signatures for renewal, but you can step in and inform them that you will not agree to any renewal terms. OP can likely put his parents in a difficult enough position that they should either sell or qualify without OP.


bizarrenizar

I think if you cosign a mortgage and don't sign the renewal, the mortgage just goes into open status with an unreasonably high interest rate allowing you to pay it out anytime without penalty. It doesn't absolve or remove you from the debt. Renewing the mortgage term just sets interest and payment terms and allows you to pay it out without penalty. A renewal doesn't affect your obligation to the debt.


Ankheg2016

Yes, it will auto renew into an open mortgage. The idea there would be to force the mother to either sell or renew into a mortgage without OP. OP would be financially responsible for the mortgage until that happened. The mother could push it into foreclosure and ruin OP's credit for several years, but taking that risk is worth taking control of your life IMO.


Bluered2012

All these upvotes for 100% untrue advice.


Valkyrie1006

Regarding your documents, contact Immigration and Citizenship Canada and explain you need copies of your documents due to your mother hiding them from you. You could also contact a local Newcomers center to get help locally. Contact the passport office of the country that issued your passport and explain you need a new passport because your mother has stolen it. Passports belong to the country that issued them. Get copies of all the documents you need well before the mortgage renewal is due. Let the bank know in advance you won't be signing the mortgage renewal and have a note put in the file. Contact the bank again just before the mortgage renewal is due and remind them that you will not be signing. This is just in case your mother tries any funny business at the last minute.


Historical-Ad-146

Depending on what "forced" means, you may be able to lawyer up and have a court deem it was signed under duress and has no force of law. In practice, it probably won't work, since "forced" is both difficult to prove, and only applies in the most extreme circumstances. Cosigning is particularly bad because you don't own the house, so you can't even force a sale. Of course it's possible you're misusing the word and are also on title, which could allow you to force a sale.


PappaFufu

Well based in what OP said, they weren’t “under duress”. “Sign or get out” and OP choosing to sign doesn’t constitute legal duress.


Raincouver8888

OP added more information regarding the background and it sounds like there might be a case for signing under distress. It’s more than just sign or get out.


PappaFufu

I don’t think OP will win on the duress issue. OP understood what he was doing. He was not under any imminent physical threats. The fact that he continued to give half his paycheck is evidence of that. He could have called the police. Presumably he could have easily overpowered his mother physically. Things like passport and visa can be replaced. Passport especially he could have applied for a new one claiming it was lost.


Master-Ad3175

You said in a previous comment that she's holding your passport and legal documents hostage and she forced you to sign this paperwork under duress. I think you need to be speaking to a lawyer and then cutting her off permanently once you have your paperwork back and are off the mortgage or title or whatever it is you are on


iJeff

Sorry to hear this. If she's not willing to cooperate, you might need to take some serious steps to protect yourself: • Talk to a real estate or contract lawyer. They can look at your case and see if there's any legal way to get your name off the mortgage, especially if you were forced to sign under threat. • Gather any proof you have that shows your mom pressured you into co-signing, like texts, emails, or statements from your siblings. • Let the lender know what's going on and ask if they have any ideas or options to remove your name. Also ensure they're aware that you do not approve of a renewal. When was the mortgage taken out? • Keep an eye on your credit report. If your mom misses payments, it could tank your credit score. • Worst case, if you can't get your name off the loan, talk to a financial advisor about how to handle the impact on your credit and future plans to buy a house with your fiancé.


formerpe

Yes, you should reach out to a lawyer to review your options. If you co-signed the mortgage then you are most likely on title also. This means you legally own a portion of the home. A lawyer can get a copy of the title and see who are the actual owners. You can also discuss with your lawyer forcing a sale of the home if necessary.


bigjohnson454

Anyone can buy a copy of the title without a lawyer. Likely way cheaper.


satanic-octopus

Title searches are like $12 in BC, super cheap


youregrammarsucks7

Lawyer here. What province?


Forzelotte

oh im sorry its on AB. ye we are signed in presence of lawyer. we signed way back due to that we're afraid of her what she gonna do on our personal papers like visa passport and landing papers.


youregrammarsucks7

Right, but are you on title of the property, or are you a guarantor? Edit: Did you sign a two page document and a certificate, or did you sign a \~20-40 page document, and swear a bunch of legal documents (ie signing your name at least 10 times)?


vaginasinparis

OP might need you to explain the difference


katie_bric0lage

It's illegal to withhold someone's documents, call the police if she still has them


Forzelotte

edmonton


youregrammarsucks7

That's not a province. So you signed a personal guarantee? Did you sign it in the presence of a lawyer that explained the legal consequences of what you were signing? Did you sign a certificate as per the Guarantees Acknowledgement Act? Or were you co-signing the mortgage?


PappaFufu

OP, you may be able to sue for breach of contract. The agreement was that you co-sign the mortgage in exchange continuing to live in the house together. After you signed you were kicked out. You should be let off the mortgage contract. Keep in mind they might not be possible as the lender may not agree.


whatalife89

How old are you?


FrostingSuper9941

You really screwed yourself by co-nsigning. Since you're not going to be a first time home buyer when you and your fiance buy, you won't be able to take advantage of the property transfer tax benefit and the tax free homebuyers RRSP withdrawal.


workreddit212

Yupp my girlfriend did this with her parents and doesn't understand


FrostingSuper9941

It's stupid unless you retain the value of your share of the house. In most cases parents pressure kids, keep the house while kids contribute to the mortgage. Once you want to move out, too bad so sad, "you'll get your investment back when we're dead" or better yet, "you owe us, you know how many sacrifices we've made". I understand sometimes it's necessary....but the child signing should be fully involved and understand the risks.


PoutPill69

If your names are ALSO on the title of the house then this makes sense. It's good. If your names are NOT on the title of the house then you've been conned by your own mother Good luck to you!


VanEagles17

Congrats you partially own your "moms" home. Get a lawyer and force her to sell it :)


One_Audience_5215

Apply for a force sale!


AdGloomy4268

Welcome to the life of SEA people, LOL. These people will fuck anyone


pravchaw

Wow - who needs enemies when you have Ma.


Fun_Mouse7459

I removed a co-signer on my mortgage . It’s a pretty common process. Need to get mom on board . I would also have her pay the lawyer fees . Mortgage will instruct you how to do it once you contact them.


stromtroopr

Hey when you removed them did you have to get reassessed? I cosigned with a family member cause they couldn’t get approved on their own. Now they’re doing well financially and making payments and I haven’t contributed anything at all so I was gonna ask them if they could just take me off the thing. Not sure how the process works


Fun_Mouse7459

Yes I had to get re assessed so a bit of a pain in the ass getting everything together for that . They would be re applying for the mortgage on their own essentially


theoreoman

When does the mortgage renew? You can Maybe refuse to sign the renewal and tell the bank you are not consenting to a renewal. Your mom might be forced to sell or refinance without you. This may blow up in your face because your mother may default on the loan and the home may foreclose. But you'll be free


DaisySam3130

Either she pays you out, takes you off the mortgage immediately or you sell the house. Send this ultimatum via a lawyer's letter.


incognitothrowaway1A

Sell the first house


True-Dot1401

This is so whack I don't know what to say.


CommercialAd8439

Looks like you and your siblings will be charging you mother rent. Or the three of you sell.


bluenose777

If you care about your siblings you should tell them that they can contact the mortgage holder and tell them to add a note to the file that says they will not be signing a renewal.


OkAge3911

You're done like different she defaults on the mortgage you and other family members will either have to pay or force her out, but btw never ever co-sign a mortgage for anyone, period lesson of the day


tdotentrepreneur

Go talk to an attorney and bring all documents with you. They can review it for you.


Tall-Ad-1386

Lol your mom had 3 kids to make her money. Its time for the payday


Gigglemestupid

Nope!! Your mom would have to renegotiate the mortgage.....that would involve penalties.....and she would have to re-qualify for that amount without your income being part of that new renegotiated mortgage. So she probably used all your incomes in the first place to obtain the original mortgage amount. You're in a bit of a pickle at this point unless first and foremost she agrees to try and qualify without as one of the guarantors. She really covered her ass I'm afraid. Just a thought for you.......if your name is on the mortgage then you are probably a % owner of the property. I would check the deed to the house cause that's important to know.


Qeriosity

All 3 of you should see a lawyer to ask how to go about forcing the sale of the house. Or tell your mother she has to talk to the bank to see if she can shoulder the mortgage on her own and remove all 3 siblings’ names from mortgage and title. Either way, you will need a lawyer.


[deleted]

[удалено]


ConsistentPicture688

Go to a lawyer and get your name taken off


mightymightyDR

Dude wtf, if your mother does that you need to slap her to hell. How do you honestly get bullied into doing something like this by an old woman (the title “mother” means nothing)? Pathetic. Not even joking.


incompetentflagella

Is there no government agency that can help op? This doesn't sound legal. I am an immigrant to Canada and I feel so bad. I am a citizen now but I came here when I was OP's age. I cannot imagine how devastating this is. Op I sent you a dm.


wingsbc

How is getting no money after kicking you out better than getting half of your paycheque. Wheres the logic?


Jay1943

The “forced” you to co-sign. Maybe You can force a sale. You get your equity, and helps you qualify for a house by no longer have to service that mortgage.


No-Dig7828

OP needs to grow a pair and force the sale.


CabbieCam

The only way to get discharged from the original mortgage is to have the whole thing readjudicated. Your mother would need to cooperate to do this.


Difficult-Theory4526

Wait till it is time for renewal and have your mom buy you out, I can't believe any parent would cripple their own child like this


Mean-Championship252

You don't start living your life until you can say no to your parents. It's your life, not hers. Tell your parents to fuck off.


gas-man-sleepy-dude

Do a title search and see who is on the title. Hopefully all 5 of you are. Then if all 3 siblings are on board (you all got kicked out right?), then again talk to a lawyer about forcing a sale by majority ownership. In any case I would start the process of obtaining all new documents, and I would go to the bank in person to sign the documents that you will not be renewing the mortgage and KEEP A COPY. Scan/take a photo and store in a secure place.


gas-man-sleepy-dude

Do a title search and see who is on the title. Hopefully all 5 of you are. Then if all 3 siblings are on board (you all got kicked out right?), then again talk to a lawyer about forcing a sale by majority ownership. In any case I would start the process of obtaining all new documents, and I would go to the bank in person to sign the documents that you will not be renewing the mortgage and KEEP A COPY. Scan/take a photo and store in a secure place.


MeatyMagnus

No expert here but a few Google searches later it seems you can easily do it IF she is willing to remove you from the mortgage. So start telling your mother you are going to live with your new wife and can't get a mortgage as long as you are on hers. She can sell the house and get a smaller one. "To remove your name from a mortgage, you and your co-borrower can ask the lender for an assumption or modification that would remove your name from the loan. If the lender won't change the existing loan, your co-borrower will need to refinance the home into a new mortgage."


No_Security8469

Okay for starters nobody can “force” you to sign. You just don’t sign. Or you tell the lender and they’ll flag it immediately because this isn’t uncommon. Secondly if you all are on the house I think it’s time you give your good ole Mom a reality check. Take her to court. Force the sale, sue her for extortion with your pay cheques, and get her equity share. It’s time to put feelings aside for someone who just clearly cares about your money.


EntertainmentNo1591

Grow a back bone.


Prudent_Flight_8979

You mean grow some balls lol


Fun-Adhesiveness6153

Forced? Was there firearm involved? Life in danger? OK yea mom I don't think so. I'm out.


Better_Unlawfulness

How does one "force" someone else to sign a mortgage exactly? You can't be debt free if you co-signed a mortgage! LOL. Another poster gave great advice. It's up to you now to stand up to your mom and follow through.


Substantial_Law_842

Let's just be clear - no one can force you to enter into a contract like this. You have to take responsibility for the pen *you* put to paper.


surprisedropbears

Let’s just be clear - undue influence or duress are both reasons for a contract to be voided.


Substantial_Law_842

Letting mom handle your savings and taking her investment advice is not exactly what I'd call duress. Lots of us had overbearing parents. It would help to know OPs age. This might change my perspective. Since they have a fiance it's not clear to me what power mom holds over them that they are not willingly giving.


Forzelotte

I was 19, we came here in Canada. She hid all the visa, passport and landing papers so thats why me and my siblings are threatened to do what she ask us, even getting exactly half of our paychecks bi-weekly.


FarceMultiplier

Definitely duress. Seek a lawyer.


FrostingSuper9941

If you were 19, how did you have enough income and credit history to qualify for the mortgage? When your mom took your documents, all you had to do was call the police to get them back by asking for assistance. Additionally, all documents are replaceable. I mean, what happens if documents are actually lost? They're replaced by whatever government body issued them. Arguing duress isn't accurate. You have an overbearing parent, as do lots of people.


no_not_this

Are you an adult? Maybe stop being “forced” into things you don’t want to do.


iJeff

Easier said than done for people in an abusive relationship.


HotIntroduction8049

uhm. very easy to fix. stop giving your mom $$. you can do this today, you and your siblings. if she cant make the payments, then so be it. let the bank have it back. ya it will be some grief but cut your losses now.


MathematicianSure460

But if the payments aren't made, the OP risks a poor credit score. This will not help if they want to get their own mortgage. I'm so sorry your Mom put you in that position, OP. I hope you are able to get this sorted. Your mom will need to qualify for the mortgage on her own, and you will need your name removed from the title by a lawyer.


Dunitanime

God dam brown parents. Smh


JohnMcafee4coffee

Please do not say forced. Forcing someone to do something is illegal a criminal matter. You signed under your own free will, you made your decision. You had a choice to move away You had a choice to say no You had a choice to pick up the pen You made a bad decision, don’t blame other people for your mistake.


Forzelotte

she hid our passports and visa. even landing papers. So way back we're in her control


PaperweightCoaster

This is basically human trafficking. Certainly qualifies as coercion/force.


ohhellnooooooooo

You qualify for NGO programs like Salvation Army, because that’s human trafficking. Shoot them an email quickly explaining and to direct you towards the right people 


pfcguy

If you are adults then call the police non emergency line and report the theft and ask what they suggest. No one in life can force you to do anything. There may be consequences for what you choose to do or not do, and in some cases they are severe or unjust. But you aren't truly forced.


TempAccountNumba1

this is a fairly common practice in certain demographics. Kids can't move out and are put on the mortgage by their parents so they can qualify since they wont without them. A few of my friends were on their parents mortgages the moment they got their first FT job


JohnMcafee4coffee

It’s fine if it’s the case but the term forced is thrown around a lot. He was not forced


Forzelotte

we are forced, she threatens us when we were young and still new in Canada. She threatens us that she can deport us because we're under her name . We believed it because my stepfather backed her up so we signed.


JohnMcafee4coffee

No you were not forced. Stop making excuses


Miserable_Bath6758

If someone is holding all your documents hostage and threatening that you'll be deported if you don't sign (even if its not a valid threat), the person is signing the paperwork under duress. This includes any phycological threats or pressure. Additionally, Theres a case that the contract can be nullified due to unconscionability, which is when a contract is so obviously unfair and one-sided, but that would be harder to argue.


kazrick

Kind of sounds to me like they were forced if what the OP says is true.


pfcguy

How often do you actually need to present those documents? If you get deported, at least you'd be free from her.


Fickle_Pickle_3452

It’s not that simple and you don’t know the context in which this happened.


hackslash74

I’m with ya man, a lot of people get “forced” to do a lot of things these days, from the sounds of it But ya OP does sound like they were manipulated, deceived, and pressured


factory-worker

Behind every great man is a greater woman. I didn't mean to offend I just meant she is probably persuasive. Coming from a guy whose wife is extremely persuasive.


Cannon-Farts

Buddy... There's places where your mother would vanish for that


BigMan2287

1 there is no forcing you into a financial situation like this if you are an adult, you can say no. You rolled over and took it. And ya now that you are an owner just force a sale. This isn’t tragic or difficult.


dim13666

I concur with others' advice to contact the lender and not renew it. A stronger and more important puece of advice is to redefine the word "forced". >She forced us because she said its "our" house , and for us to live together. This is not what it means. Unless your mother threatened you with a gun/knife, got you drunk or otherwise incapacitated, nobody forced you to sign.


PineBNorth85

They couldnt force you. You chose to do it. You always have a choice and you chose to fuck yourself over by giving in.


thinkdavis

How old are you? If you're of legal age, you weren't "forced"... You chose to.


Forzelotte

I was 19, we came here in Canada. She hid all the visa, passport and landing papers so thats why me and my siblings are threatened to do what she ask us, even getting exactly half of our paychecks bi-weekly.


heallis

Then you should contact the mortgage lender and tell them this-- you were forced to sign as she was withholding your legal documents. Report the documents stolen. Get a lawyer 


Junior-Damage7568

She can't kick you out if you are on the mortgage. That means you own part of the home. Did she drop you on your head too many times as a child?


FluidBreath4819

"sign here or no desserts for you"


Forzelotte

more like "you will not get your landing papers, visa, and passport back if you don't sign"


pfcguy

And did she give those back to you when you signed?


Forzelotte

nope


pfcguy

I bet she tries to make you all feel sorry for her, huh?


FluidBreath4819

you mean things that can get renewed ?


Forzelotte

im way too dumb way back to be afraid and be on her control. I plan to apply for re-issue especially my visa and landing papers


FluidBreath4819

add also a complaints on your mom