Forcing a Partition Sale on CHFA home in Denver, CO

1 Reply | Denver, Colorado

Hi BP Community,

Haven't posted here in a while but my family is in need of some advice and assistance in the Denver area. I am going to outline the situation and would be very grateful for anyone who can provide guidance or best steps forward.

In September 2016 my sister purchased the apartment at this address; 6432 Yank Ct APT A, Arvada, CO 80004. She purchased the home at that time for ~$250k and went through CHFA for the loan. Her and her ex-boyfriend are listed together on the loan.

Herein lies the problem. Since purchasing the home my sister left Colorado to return to Connecticut, so that my parents could help support her daughter. The ex-boyfriend has a history of drug-use, is three months behind on the mortgage, is tied up in another legal battle involving custody of a child from a previous relationship, and is unwilling to speak with my sister, or anyone else in his life for that matter. His mother has been unable to get ahold of him, his friends, etc. I am trying to help my sister sell this home so that she can get rid of the $250k liability she has. 

Answers to the following questions and any other insight one could provide would be great! If I think of any other questions a will respond to this thread.

  1. What are my options in terms of selling this home?? 
  2. Would my sister have to force a partition sale? If so, does anyone have guidance in regards to what that process looks like?? 
  3. How much time will they have before the bank forecloses on the home??
  4. Any ideas for how to get the individual to sell??
  5. Does anyone have contacts who might be able to assist me in the Denver area?

Thank you all very much! 

When you have both parties on title, the only way I can think to dispose of the property is either through a partition lawsuit, or to have someone contact the ex in an attempt to sell the property and split any proceeds. Luckily it looks like there is enough equity in the property to be able to be in the black and even have a bit to split right at closing - but I understand getting him to cooperate with anyone would be a huge challenge - money to him can talk though.