Legal Question in Family Law in New York

Re: ''getting off a mortgage''

Once a year, on Christmas Eve, the BANK that holds the mortgage may let ONE of their customers off the hook. Otherwise, you can expect that the BANK will fight to hold you to that mortgage [regardless of the divorce agreement] until the last drop of your blood, a discharge in bankruptcy, or the sale of the house or refinance of the mortgage.

If the settlement was obtained by fraud, duress, disability, or is otherwise unconscionable, etc., then your former spouse may ask the Court have it vacated and set aside.

You need to consult with an experienced matrimonial attorney. For more information, please visit my web site:

www.BravermanLawFirm.com

Re: ''getting off a mortgage''

Anything is possible if you do not vigorously guard your rights.

Re: ''getting off a mortgage''

Now you will get yet another answer because

there is no set or fixed answer to any situation

in the law.

Logic dictates that a transfer of property

in return for the assumption of a mortgage

is not unconscionable. However, this

question cannot be properly answered in a

vaccum which is what you are asking. The

entire relationship, the interplay with

all other documents and transfers and

the present, past and future financial

status of all parties must be examined before

any prognostication can be made.