I need some advice on my personal residence (in California) and an issue I am going through. Long story as short as I can, I purchased this residence about 2 years ago with 4 other people. Each person owns 25% with one of the 25% portions being a husband and wife couple. Unfortunately, the couple went through a nasty divorce which is now final. The husband has gone completely MIA, however he is still paying for his portion of the mortgage. All 5 parties have sign on the loan and mortgage. We originally signed a back of the napkin agreement with one another for 2 years. At the end of 2 years we would discuss what to do with the property. Now that we are coming up on 2 years 4 of the 5 people involved would like to sell. But we cannot get a hold of the nw ex-husband. He is not answering calls, texts or emails and is extremely upset by the divorce and blames everyone in the group. Other than learning my lesson in going in on these kinds of deals, what are my options. Is there a way we can sell the house without his signature? Myself and one of the other partners who owns 25% are the primaries on the mortgage. Anyone have any suggestions or ideas on how we can still sell this house?
Do you have a working email or phone number for him? There are some subject lines that can wake the dead. Check out "Never Split the Difference" by Chris Voss. You want a subject line that sparks his fear of loss and would be answered "no."
"Are you walking away from your (x dollars) in the house?"
Then when he does call, mirror him until he feels heard. Chris was on a BP podcast, you can see how this works in action.
Get a court order or a partition to resplit the property. make sure you document all forms of trying to connect with the other individual and that if he fails to respond, you can probably get him off the title.
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