Legal Question in Real Estate Law in New York

Whose house is this?

When I bought a house 3 yrs ago, because of my credit score my mother put the house in her name (mortgage and deed). my name was supposed to be added to the deed later and never was. last year we experienced a loss of income and fell behind on the mortgage. My mother wanted the house out of her name but due to a prepayment penalty we had to wait. Now that it is up she wants her name off NOW. My credit score is no better and I haven't been able to do that. Now her and my brother just informed me that they are putting my house up for sale and if I do not cooperate they will begin eviction proceedings and change the locks. The down payment came from me and all mortgage payments have been paid by me directly to the mortgage company. Can they throw me out and sell my house?


Asked on 10/02/07, 3:20 pm

2 Answers from Attorneys
richard feldman richard d. feldman

Re: Whose house is this?

You might have to start a lawsuit for a constructive trust. It would be easier to do this before they started eviction or changed the locks. you can call me for a free consultation

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Answered on 10/02/07, 3:49 pm
Sabrina Ramirez Law Offices of Sabrina C. Ramirez Esq.

Re: Whose house is this?

Yes, I agree with the first attorney, you should seek an attorney to assist you.

From a practical standpoint have you contacted your current mortgagor about transferring the deed to your name? Also even with a low credit score, there are companies that can help you obtain a mortgage in your name.

Feel welcome to contact me for further assistance.

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Answered on 10/02/07, 9:07 pm


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