Legal Question in Family Law in New York
Breach of verbal contract and stolen identity
4 years ago I agreed to put my aunt's mortgage under my name to help her out. I was told that I would only need to do this from 6 months to 1 year. Because of my aunt's continuous late payments my credit score keeps dropping. Also she managed to get my social security number without my acknowledgment and changed info with the mortgage lender. What legal actions can I take to have my name removed from the mortgage?
1 Answer from Attorneys
Re: Breach of verbal contract and stolen identity
Unfortunately all contracts related to real estate have to be in writing to be enforceable, even a letter from her. The problem you have here though is that you guaranteed to a third party, the bank, that you would also be responsible. Until your aunt refinances or sells you are stuck.
You could bring an action to force a sale if your name was on the deed.
If you can show the fraud you can report it and go after her for identity theft, depending on the information that was changed, and try to force a sale of the property based upon that.
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