Legal Question in Real Estate Law in New York

hello...i am on the deed with ex fiance but not the mortgage. He moved out (NY to CA) and for past two yrs i have been trying to cover mortgage/taxes on my own. I told him i was struggling and he has asked me to stay for the required 3 yrs so that he doesnt have to pay back his first time home buyer tax credit. papers came from the bank re foreclosure and he did not have answers and would not give me authorization to speak with the bank. i suggested selling but he refused and said he will move back and i need to be out by june 1st...can he force me out before i have a place for my family?

Asked on 5/13/13, 5:37 pm

2 Answers from Attorneys

Kevin Connolly Kevin J. Connolly

It's your house. Sez who he can move back in? Change the locks and defend the foreclosure. (You need to test the bank's "standing" by making them prove that they have the mortgage note. This ain't rocket science.)

(oh: your ex is a sesquiculus)

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Answered on 5/13/13, 5:47 pm

Anna feldman Law office of Anna Feldman

He is not allowed to kick you out of the house, not without a court order. As far as the foreclosure, since you are not on the mortgage, bank is not authorized to deal with you. Have you thought of refinancing? Maybe that is an option. Otherwise, defend the foreclosure.

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Answered on 5/14/13, 3:16 am

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