Legal Question in Civil Rights Law in New York
rescision of real property contracts
I was awarded rescision of real property contracts in the Supreme Court, due to fraudulant misconduct of a contractor. My councel advised me to stop paying my morgage payments. The bank has started forclosure. Does the courts decision release me of my obligation to the bank, making the contractor responsible for loan payment.My house was deemed inhabitable and I am trying to get a morgage for a new home.I have incurred difficulty because of the default on my current morgage. What can I do?How can I be binded when the judge ordered rescision?
1 Answer from Attorneys
Re: rescision of real property contracts
I can't imagine how the bank could be deprived of its rights because the contractor cheated you. I would never advise a client to simply stop making mortgage payments under such circumstances. Maybe you better ask that attorney what was the basis for his suggestion.