Legal Question in Real Estate Law in New York

My brother owns a house in NY State. My name is on the deed. My brother took out the mortgage in his name because he alone wanted to purchase the house. The house was part of my father's estate and there was a mortgage at the time of my father's death. My other brother and I gifted our share of the equity in the house to my brother in order for him to have a lower mortgage payment. Because of my gift of equity, my brother put my name on the deed as some sort of security for my gift. My other brother, who also gifted his share of the equity (the same amount), was not put on the mortgage because he's unstable. Can my brother sue sue me for past (and future) mortgage and tax payments that he has made?


Asked on 9/11/16, 1:05 pm

2 Answers from Attorneys
David Slater David P. Slater, Esq.

While he can sue, if you prove the above, the court should deny such a claim.

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Answered on 9/11/16, 2:02 pm
Walter LeVine Walter D. LeVine, Esq.

I am repeating my prior response that because your name is still on the Deed you are considered another owner and can be sued. If you gifted your share, as did your other brother, I do not understand why your name is still on the Deed. Did you assist your brother by guaranteeing the new mortgage? If so, this might explain why your name still had to be on the Deed. Do you have a copy of a Deed where you and the third brother gifted your inheritance? This Deed should have removed you entirely. If you have no responsibility for any mortgage and have no other reason to remain on the Deed, you should insist your brother take you off by recording a new Deed in his name alone. As a current co-owner, you must sign the new Deed also.

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Answered on 9/11/16, 2:52 pm


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