Legal Question in Family Law in New York
Divorce and foreclosure
I am the note holder to a mortgage for my son and his wife. they are divorcing and the mortgage is in arrears. What are the drawbacks to foreclosing on the property for my son since he is trying to buy his wife out. Also what are the positive sides to this for my son.
2 Answers from Attorneys
Re: Divorce and foreclosure
I need more information to weigh your options. It depends on the circumstances of the purchase of the home, their giving you a mortgage and the equity they have built over time. Feel free to call me at 212-367-9167 to discuss this further.
Re: Divorce and foreclosure
Do you mean that you are the Mortgagee or are you the Guarantor, or ConSigner?
Did you loan your Son the deposit and closing cost money?
Is there equity in the premises above the mortgage and downpayment and closing closts?
These questions and more, are questions that must be answered before anyone can provide a helpful response to your question.
However, You should first seek to protect yourself and your investment, whatever that means.
Even if to others its seems cold and "un parent like." When your child comes home licking wounds, you may need all of your assets, money as well as emotional to be available for YOUR CHILD.
Do not make the mistake many mothers do, in trying to be "fair" to the ex inlaw etc., or other such silliness. Be fair to yourself first, then to your child or children.
So,.... Immediately initiate foreclosure proceedings against the "children." Secure your interests; and you will secure your child's interests.
GOOD LUCK,
PHROSKA L. McALISTER,ESQ