Legal Question in Real Estate Law in New York

Problem found after the closing

I sold an apartment house...with a clear conconscience. I fixed Everything I knew needed to be fixed. I moved out of New york to floirida. I am HOLDING the mortgage on this house. I received an email from the owners father (who send the mortgage checks..but is not the owner)..that they have found a leak which seems to be serious. This man said it looks like its been covered up and said he was calling MY lawyer if we cannot settle this amoung ourselves. It has been his since March 6, 1999. The coverup he is referring to is reglued tiles on the floor in this basement bathroom...but as he will notice...almost all of those tiles have been reglued during the few years I lived there. My question....If he withholds my mortgage check....what can I do??


Asked on 5/27/99, 8:11 pm

1 Answer from Attorneys

Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Problem found after the closing

Under most circumstances, claims for defects are not viable after the closing. If payments are not made, foreclose on the mortgage. You may reach me at 305-940-8080.

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Answered on 6/01/99, 3:21 pm


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