Legal Question in Real Estate Law in New York

Evicting someone who's name is on the mortgage
If someone has a problem with alcohol and has lost jobs because of it and could not hold a job because of it and lives in a house with three other adults in which his problem is causing pain and suffering, do they have any legal way to give him notice and evict him from the house even if his name is one of the names on the mortgage?

Asked on 6/01/04, 12:45 am

Brenda Mattar Mattar & D'Agostino, LLP

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Re: Evicting someone who's name is on the mortgage

It depends. Is this person's name also on the DEED? If so, he cannot be evicted, because he is an owner of the property.

However, if this person's behavior is criminal, you may be able to press criminal charges against him and obtain an Order of Protection.

Also, perhaps you and the other owners should consider buying out his interest as part of an agreement for him to leave.

To discuss this matter further, please contact me at (716) 856-4022. Thank you.

Answered on 6/02/04, 9:31 am

Robert R. Groezinger GroezingerLaw P.C.

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Re: Evicting someone who's name is on the mortgage

If his name is on the deed, he also owns the house. If his name is on the mortgage, most likely his name is on the deed.

You cannot evict an owner.

Good Luck

RRG

Answered on 6/01/04, 6:50 am

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