Legal Question in Real Estate Law in New York
Illegal Deed Transfer
I was wondering if there is anything I can do to get money that is owed to my Mother? Back in 1993 my Dad sold one of his farms to a Mennonite couple and held the mortgage for them. In 2000 they had a real estate auction and assured my Dad that he would get the remaining balance before and after. With over $26,000 owed, the deed managed to get transfered over to the winner of the auction. Dad never seen any money after that. Both Dad and the couple that he held the mortgage for had the same lawyer. The lawyer said there was nothing he could do about it later on. Dad just decided to do something about it but then he got ill with cancer in 2004 and died in 2005. I have no idea where to start. Is there anything I can make the lawyer give me regarding the deed transfer or anything like that?
Thanks in advanced,
John
2 Answers from Attorneys
Re: Illegal Deed Transfer
If the mortgage was recorded it would be a lien against the property and should have been picked up during the title search.
Consult a real estate attorney to research this for you.
This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon in any way. All readers are advised to consult an attorney to address their specific legal concerns. Additional facts could affect the answer given.
Re: Illegal Deed Transfer
The mortgage should have been recorded with the county clerk to provide "notice" of your father's lien to the property. If this was not done, then perhaps only a Promissory Note was signed by the couple. You may be able to sue the Mortgagors personally but I would need to review the legal documents in order to further advise of your options.
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