Legal Question in Real Estate Law in New York

Sale or refinance of home owned by siblings

My husband would like to refinance on the sell the family home left to him and his 3 other siblings. He is the deed holder and owns 60%. The siblings own 10%. At this time we have lived in the home approx. 10 years and have been paying on the mortgage. We were approved for the refinancing, but cannot go any further with it unless all siblings agree. The issue is - we cannot contact 2 of the siblings since they have been estranged from the family for several years. We have tried a US Search and other means to no avail. Do we have a recourse? Can we run an Legal notification ad in the paper?


Asked on 4/12/09, 9:36 am

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Sale or refinance of home owned by siblings

You may want to commence a partition action.

One time I had a matter where husband and wife were divorced for over 20 years. Husband on the deed. Wife paid and lived in house for over 20 years. We started an action for title based on adverse possession. We won, had the ex husband's name removed from the deed and wife was able to refinance the house.

Mike.

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Answered on 4/12/09, 12:19 pm


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