Legal Question in Real Estate Law in New York

Deed papers

In 1999, I got divorced. I was ordered to resume using my maiden name. In 2000, my parents gave me a house. On the deed, they used my married name. In 2001, I took a

mortgage on my home. Also, with my married name. At this time I am in foreclosure. My ex wants to purchase the house from me. The mortgage company says he cannot because

the relationship is too close, and my bad credit reflects on his good credit. The problem is my married name, instead of my maiden name being on the documents. Is there any legal way around this? What can we do?


Asked on 4/04/09, 9:10 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Deed papers

You can try to explain to the mortgage company about the divorce and name change, You can give them copies of the divorce papers if needed to prove this. You could also record a corrective Deed from yourself, as Grantor, using the married name on the current Deed, to yourself, as Grantee, and refering in the Deed to the divorce and the Order to resume your maiden name. Once this is corrected, it should halp resolve the problem since a Deed to your "X" will now be from you, but in your maiden name.

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Answered on 4/05/09, 12:55 pm


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