Legal Question in Real Estate Law in New York

Legally Swindled?

Sold my beautiful sprawling executive ranch (with huge 3 bedroom garden apt), in ground pool on large lots. House value was approx. 175K (conservative). I am widowed (over 25 yrs), on limited income and totally disabled, sick. We lived there 32 yrs. My grandson married 4 yrs. ago and his wife wanted that house. Her parents have money and bought a house for them 3 yrs. ago...small, converted 1 family. She played to my heartstrings..hated to see house go out of family. She called and told me if I gave them a good price, I could live in the house they were in for the rest of my life FREE. I cried and said ''God smiled on me''. Ended up, I sold the house to her parents (thought they would give a mortgage to my grandson and wife..they did not) for 125K....they paid off 79K reverse mortgage, gave me 25K cash and asked if I would take 20K at 1K a month as they had ''things to do'' (no interest)and said I would be paid off as soon as he could get the money together. Bottom line is I now pay $600 a month rent here (raised 3 times in less than a year). I asked for my money (lump sum)..was told I'd have to move so he could get more rent. Threatens me every month with something and now says he is selling this home. Any recourse?


Asked on 11/24/06, 8:27 pm

2 Answers from Attorneys

Seth Kaufman Kaufman PLLC

Re: Legally Swindled?

Not clear whether they have been paying you the $1K per month. I am guessing you do not have a mortgage securing the balance of the purchase price or a written agreement concerning your occupancy, both facts making your case harder. Where is your grandson in all of this, by the way? Still, you may have sufficient facts to support one or more causes of action that could render sale of the property at least temporarily impracticable. Feel free to call our office to discuss this in further detail.

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Answered on 11/24/06, 10:05 pm
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Legally Swindled?

More info is needed. If you were promised to live for FREE how is it you are paying rent at all?

Who is the "he" you are referring to? Your Grandson?

I am sorry to say it seems like you were taken advantage of. There are laws to protect you from fraud and undue influence.

PLEASE, see an attorney ASAP otherwise you may lose any chance of undoing this wrong.

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Answered on 11/24/06, 11:20 pm


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