Legal Question in Landlord & Tenant Law in New York

Actual Homeowner

In the year 2000, I signed an agreement with the former owner of this house,stipulating that I purchase this property within one year and pay her 5000.00. If not purchased by set time, the house would be put on the market and the proceeds from the sale of the house would be divided between herself and her exboyfriend, who just so happens to be my brother. I purchased the property past the deadline and have been paying the mortgage. The deed and mortgage are both in my name. My brother who still resides at this current location has since stopped paying me rent. Her is claiming an interest in the home because the earlier

signed agreement stated that the former owner would sell the house to both myself and my brother. My brother has never had legal ownership, his name does not appear on any of the papers showing whom is the current owner nor the mortgage statement. I have went to landlord tenants court to have him evicted because of non payment. He has been granted a stay. He has an attorney to represent him in supreme court. Can this supreme court force me to sell the home although my name only appears on the deed and mortgage statements as well as my tax payments? He has never had ownership.


Asked on 5/19/04, 9:01 pm

2 Answers from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: Actual Homeowner

Can't answer your question definitively without more information except to say that potentially there can be a forced sale. The fact that only your name appears on the deed and mortgage is evidentiary but is not conclusive evidence of your right to possess the property solely. Much depends on the original contract of sale to you and also the rights of your brother in that contract. There would also be the issue of whether you or/and your borother paid valuable consideration for the property.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 5/20/04, 9:34 am
richard feldman richard d. feldman

Re: Actual Homeowner

the real question is whether or not the agreement has any effect. without seeing it I can't tell you can call me at 516 466 LAWS for free telephone consultation

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Answered on 5/20/04, 10:29 am


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