You really don't provide enough information to give a reliable answer. One of the key issues is how title to the property is recorded. Another is who is listed as borrower on the mortgage. Your question is also a little confusing as to the terms of this oral agreement. You said your brother was to make the down payment, but then you say the friend has neglected to pay anything toward the down payment. You also don't mention what arrangements they made regarding who would own the appreciation in the property, if any, who would pay maintenance, taxes and insurance and who did, etc. It is most likely that your brother and his friend have established a real estate investment partnership by their conduct. Without going over all the details of the purchase and what has happened since, however, I cannot tell you exactly what your options are. Unlawful detainer might be one option, partition another, and partnership dissolution a distant third possibility, depending on the details. If you would like to have a free intial consultation to go over this, please feel free to call my office.

You really don't provide enough information to give a reliable answer. One of the key issues is how title to the property is recorded. Another is who is listed as borrower on the mortgage. Your question is also a little confusing as to the terms of this oral agreement. You said your brother was to make the down payment, but then you say the friend has neglected to pay anything toward the down payment. You also don't mention what arrangements they made regarding who would own the appreciation in the property, if any, who would pay maintenance, taxes and insurance and who did, etc. It is most likely that your brother and his friend have established a real estate investment partnership by their conduct. Without going over all the details of the purchase and what has happened since, however, I cannot tell you exactly what your options are. Unlawful detainer might be one option, partition another, and partnership dissolution a distant third possibility, depending on the details. If you would like to have a free intial consultation to go over this, please feel free to call my office.