Legal Question in Real Estate Law in New York
My dad bought a home in 1982, with many home improvement violations such as adding extra bathroom & kitchen, refinishing half a basement, etc. all done without permits. He is now being fined by the Town of North Hempstead on Long Island, almost 30 years after he bought the house, expected to make all necessary upgrades. Attic was illegally made into living space, basement was illegally partially finished amongst a few other violations. There is no documentation from the Title or Mortgage Company for 1982 at all!!!! Just title in 1982, that is it! Mortgage Company does have documentation from 1992, for the loan refinance, but does not have any documentation at all for the original mortgage in 1982??!! & neither does the Title Company except for the Title? I am ballistic as the Mortgage Company & everyone else involved in the sale dropped the ball & my family is expected to foot the bill which seems like it will be around 20k (including fines) for alterations we did not perform! The house was sold to my dad this way and the alterations were made by previous owner, prior to my dad buying the house. What is our legal recourse?
1 Answer from Attorneys
The title company would have searched for a certificate of occupancy at the time of purchase in 1982 and at the time of refinancing in 1992. It would have shown what was approved in the house. In addition, the appraisal would have indicated the areas which were finished as living space. You might try to file a claim with the title company but the responsibility for assuring the home has all necessary permits and approvals falls on the purchaser.
In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.
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