Legal Question in Real Estate Law in New York

Real Estate

My brother in law let us buy his house from him. My wife transfered the deed into her name but the mortgage is still in his name.. I want to buy the house so its in my name with my mortgage.. Do I buy the house from my brother or my wife? Who really owns the house?

Asked on 6/10/09, 2:54 pm

2 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC
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Re: Real Estate

Since the deed is in your wife's name, the wife owns the house.


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Answered on 6/11/09, 7:58 am
Stefanie Devery The Devery Law Group. P.C.
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Re: Real Estate

When you receive financing from the bank, the mortgage and deed will be put into your name. In NY, the mortgage, deed, and note must all match each other.

I agree with Mark, the house is in your wife's name so you will "buy" the house from her.

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Answered on 6/11/09, 8:07 pm

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