Legal Question in Real Estate Law in New York
can a gudge do what every he wants?
my friend brought a home on a forclosure he has a deed for the home he had his daughter& son inlaw move in they were to pay him back what itcost him now his daughterand son inlaw divorced his son inlaw now is selling the house? my friend said he must of payed the gudge off because the gudge gave the son inlaw the rights to sell the home . can a gudge make up papers where the son in law could sell the home?
1 Answer from Attorneys
Re: can a gudge do what every he wants?
If your friend is the titled owner of the property, the divorce court judge would not (ordinarily) have had the authority to make any decision respecting the distribution or sale of the property.
However, if your friend transferred his rights, title or ownership of the property, to his daughter and her (then) husband, the judge would have the authority to decide the "equities" of the property distribution, as between the two married parties, before the Court. Which could have resulted in your friend's interest in the property being exstinquished.
Good luck,
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