Legal Question in Consumer Law in New York

Re: private mortgage

A mortgage is only a lien on property. The note is the document which obligates you to make repayment for the money you borrowed. The note can be sold, assigned or disposed of in many other ways.

Therefore, you should first determine what the status of the note is, including whether the wife is on it. From your question it sounds as though "he" was the only person on the note. You do not know if he still "owned" the note at the time of his death.

Ask the daughter for the name and number of the lawyer representing his estate. Get proof from that lawyer to whom your future payments should be made. Better yet, hire a lawyer to do it.

This is not legal advice and is for informational purposes only.

Re: private mortgage

If the original mortgage was in the name of the husband and wife, the wife can sign the sat. If wife's name not on original mortgage, sat must be signed by the executor/administrator of the estate. If there is no estate, and after demand is made for the sat to be signed by the executor/administrator of the estate, you can make commence an action and file a motion to discharge the lien against the property.

Mike.