Legal Question in Real Estate Law in New York
according to ACRIS, the deed on my home has listed PARTY 1 (who is my father) and PARTY 2
(who are my 3 sisters and myself). my father died 15 years ago so does that mean my 3 sisters and myself have to split the proceeds from the sale of the house equally even though i took out a mortgage on the house and paid them $30,000 each to get full ownwership? it looks like the deed was never changed according to info i see online from ACRIS? DO MY SISTERS STILL HAVE A CLAIM ON THE PROCEEDS WHEN I SELL THE HOUSE since their names are still listed under PARTY 2 ON THE DEED?
2 Answers from Attorneys
Did you get a deed from your sisters? Did you record it?
Assuming you bought the house, then as between you and your sisters, you own the house; but if any creditors have filed liens against your sisters' interest in the at then those creditors may think they have a valid lien on the house.
Even if you have the deed, after 15 years you're in for a headache. You likely are going to need an attorney to straighten it out.
I agree with Kevin. If you bought your sisters out when Dad died, a new Deed should have been recorded. You may have to sue your sisters to clear the title, assuming you can prove the money you gave them was for their interest in the house when Dad died. You should get an attorney to assist you.