Legal Question in Real Estate Law in New York

Survivorship

property is owned by two people and the deed says right of ownership is go to each other. However when a mortgage was made on the property, it was copied from the abstract which did not say rights of survivorship on it. I believe the abstract should reflect what was on the deed; however it did not.

Which is binding the deed or the mortgage?


Asked on 1/03/00, 11:48 pm

1 Answer from Attorneys
Bunji Fromartz Fromartz Law Offices

Deed or Mortgage

The Deed is the proof of ownership. The Mortgage, a lien.

The deed indeed rules!!

The abstract only says who owns the property, not their relationship to each other.

:-)

Read more
Answered on 1/04/00, 6:48 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in New York