Legal Question in Real Estate Law in New York

A house for sale is listed as 2 family in public records (mortgage etc) but has a 1 family CofO. Will the new mortgage bank consider this as a 1 or 2 family when sold? Does the seller need to update CofO before close?

Thanks


Asked on 9/06/14, 7:20 am

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

Yes, it must be updated. It is illegal. No reputable Title Co. will insure it.

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Answered on 9/06/14, 8:42 am
Walter LeVine Walter D. LeVine, Esq.

I agree with David. Rationale for issuance of CofO as 1 family must be investigated and I would start with the Town Building Department that issued the CofO. . I had one once where the public listing was shown as a 3 bedroom, but owner had converted one bedroom to enlarge the master bedroom. This was registered with the Town, as a now 2 bedroom. There is usually some reason for the change, and the change may not hit the purblic records.

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Answered on 9/06/14, 10:47 am


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