Legal Question in Real Estate Law in New York

There's a mortgage on my property under someone else's name (that I don't know). I found this out because I got a mailing from Chase about a modification request.

I called Chase to check if it was an error on their part, but they said that there is a mortgage on file under my address. I have never received any other mailings except for this one. How can something like this be resolved? Should I be worried (I am the owner of this property and my name is on the title/deed)? Chase was not helpful at all and was not able to give me any more information on the mortgage as it was not under my name obviously.


Asked on 12/12/11, 9:38 am

2 Answers from Attorneys
Christopher Moye The Law Office of Christopher Moye

This happens more often that you would imagine. The big idea here is that there was an erroneous filing (let's hope that it wasn't fraudulent) and you need to get it cleared up ASAP. I can't tell you whether you should be worried because I don't have enough information. I would first determine where mortgages and deeds are registered in your city or county.

Once you find out where they are registered, you can contact the clerk in that office for guidance. It's probably a bit easier to work out a fixed fee arrangement with an attorney in this instance but I don't think that it's something that is impossible to figure out on your own if someone made a simple error in the clerk's office.

If you do determine that fraud has been committed, I would contact a New York Real Estate Lawyer to help. Either way, it absolutely is NOT something I would ignore.

Hope this helps.

Best,

Christopher Moye, Esq.

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Answered on 12/12/11, 10:46 am
Arnold Nager Arnold H. Nager, Esquire

Mortgages are indexed against the block and lot in the County Clerk's office; Register's office in New York City. You can see a copy of the mortgage and determine what is going on.

As Mr. Moye stated, you want to determine if any fraud was committed by someone.

Good Luck,

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Answered on 12/12/11, 1:13 pm


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