Legal Question in Credit and Debt Law in New York

Mortgage payments

I am 72 and a widow. I get a small disability check and two small Soc. Sec. checks each mo. Against my wishes, my daughter (38yr. old and still living here) had my existing disability bathroom torn out and replaced with standard tub, etc. I can no longer use the bathroom. I already had a Reverse Mortgage to help meet expenses. She signed my name and hers to a another mortgage agreement to pay for the bathroom. She pays nothing to live here. I have been paying $100/mo. for years to the bathroom mortgage company. I can't pay any more than that. The mortgage payment is more, so I am always in arrears. Company is threatening to foreclose. Can They? I don't want to leave my home. (My sister is e-mailing this for me.)


Asked on 6/30/04, 11:44 am

2 Answers from Attorneys
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Mortgage payments

If it is a mortgage that is in default (not just a loan), yes, they can foreclose. They will simply auction your house, pay off your reverse and bathroom mortgage. You MUST see an atty ASAP! Do not wait. If it is a loan in default, they will need to get a judgment against you before they can foreclose.

You have other issue besides foreclosure to discuss with an attorney.

Read more
Answered on 6/30/04, 3:33 pm
Robert R. Groezinger GroezingerLaw P.C.

Re: Mortgage payments

Okay , if you did not sign your name, how did you go about getting the mortgage. If she signed it, was it with a power of attorney? Is she on the deed, becasue why esle would she be on the mortgage? There are many questions that are unanswered, and that are hard to answer in a limited forum like this.

There may be ways to navigate this, but quickly seek the help of a professional before your options are fewer.

Good Luck

Read more
Answered on 6/30/04, 7:51 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in New York