Legal Question in Real Estate Law in New York

Mortgage

My mother and my father divorced several years ago. My mothers name continued to be on the mortgage, even though she had nothing to do with the house. She never payed any payments or anything after the divorce. Later, while my mother still lived in NY, my father moved to Florida. Several years later, the house was listed as improper living conditions and the town made plans to burn the house down. My mother never received any letters informing her of this. The town is now telling my mother that she has to pay over $3000 for the cost of the burning of 2 buildings, even though there was only one of ours that was burned. Does she have to pay this even though she never had anything to do with the house and never received any info about the burning of the house?


Asked on 12/23/02, 1:54 pm

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: Mortgage

Being on the mortgage means nothing. Was she on the deed as an owner? If so, certain efforts had to be made to notify her. If this was done she may be responsible for the expenses as to the property she owned. Hope this helps.

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Answered on 12/23/02, 3:16 pm
Walter LeVine Walter D. LeVine, Esq.

Re: Mortgage

How was the house handled in the divorce? Did the final decree allocate ownership or just relieve your mother from mortgage responsibility. Depending on who owned the house after the divorce, she may have this liability. If the house wasm given to your father, was a copy of the decree recorded as a Deed transfer? Was there a new Deed recorded after the divorce and whose name was on it? If your mother's name was left on the Deed inadvertently she should have no responsibility. However, if she was given the house, she would have responsibility, but should have been given notice. If she has responsibility, she should only be responsible for the costs attributable to her house. I really need some of these questions answered to provide better information.

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Answered on 12/23/02, 4:11 pm


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