Legal Question in Real Estate Law in New York
I just found out that my ex wife of 10 years never refinanced the mortgage on our NY coop after the divorce, and therefore my name is still on the mortgage. I also found out that the quitclaim I signed is not binding on a coop. My questions are: (1) what, if anything, am I legally entitled to with regards to the coop (the down payment I provided to purchase the coop, half the equity from the last 10 years, rent, half the proceeds from a possible sale)? (2) my ex tells me she won't have the funds to refinance for 3 months, is there anything I can do to make her speed up the process, since I'm applying for my own mortgage? (3) what can I present to my current lender to prove that I have not been paying for the mortgage since the divorce and help me qualify for my own mortgage?
1 Answer from Attorneys
1) Without reading your divorce papers it's impossible to tell what, if anything, would be the result of the situation.
2) No.
3) Copies of her checks would probably cover the situation.