Legal Question in Real Estate Law in New York
Hello.
The mortgage on our home is privately held by a relative. They have not included the Unpaid Principal Balance on our mortgage statements for many months and refuse to give this information to us until the mortgage payments are current for one cycle (one month). We will be up-to-date with our payments by the end of May, but according to their written response, this means we will not get this information until the end of June. Is it legal for them to withhold this information?
Thank you.
1 Answer from Attorneys
Under Section 274-A of the Real Property Law, the holder of the mortgage must provide a statement showing the amount of principal unpaid, the date through which interest is paid and other information. The law states "If the mortgagee fails to deliver the mortgage-related documents, the mortgagee shall be liable for the actual damages to the mortgagor by reason of such failure. In computing actual damages the court may consider the actual rate of interest on the mortgage debt and current prevailing rate or rates of interest on comparable debts. However, actual damages do not include pain and suffering, mental or emotional distress or the like." -
You need to serve the mortgagee with a written demand, which means that if you have not done so already, they can hold you up for another 30 days. In the meantime, though, you could raise the stakes by demanding all of the mortgage-related documents, and then your demand can include this scary legend (which must be in SOLID CAPS: "THIS DEMAND IS MADE UNDER SECTION 274-a OF THE REAL PROPERTY LAW. FAILURE TO COMPLY WITH THIS DEMAND MAY RESULT IN SEVERE PENALTIES." - See more at: http://codes.lp.findlaw.com/nycode/RPP/8/274-a#sthash.XIlnuLyD.dpuf
Sigh. Good luck.