Legal Question in Real Estate Law in New York

I own a multi- family property, recently won a dis missal on foreclosure. I have an ex-girlfriend who is co-signer on the mortgage, she has filed bankruptcy, Judge dismissed case without prejudice because no-one showed at conferences (3), except myself, which means I can expect them to refile, this I know. Girlfriend has been collecting rents and not paying mortgage since Feb. 08, living off of money, while living in half this Victorian home. We are not together, nor have been since Feb 08. She is very non- cooperative with anything and persistently collects rents and spends them, basically in my opinion a tenant, leaving me to continue to try and resolve this matter. I want to keep home and work out agreement with mortgage company and/or bank. Question : Now that this seems to start from scratch once again, with her filing bankruptcy does she lose legal interest in home, have no legal right to income from it and have no interest what so ever ? Can I have rents deposited somehow through legal means to escrow or an attorney for future negotiating with lenders to work out some kind of agreements. My thought is that this would allow me to have capital to negotiate with when this goes back to court. At this point I do not even know who I dare talk too ( mortgage companies ) for fear of divulging too much information, and to hire an attorney right now and pursue frivolous paperwork is a bit more than I can afford right now. I have the ability to pursue this, but do not know the right avenue. Can you lead me in the right direction ?

Asked on 11/23/10, 3:11 pm

1 Answer from Attorneys

Thomas Sirianni The Law Office of Thomas A. Sirianni

Your situation may seem straightforward however, in order to give you a competent answer, give me a call on my cell phone so I can better understand your problem and give you the best solution. The phone consultation is absolutely free. My cell number is 516-314-1343.

Whatever your decisions are, I wish you the best of luck.


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Answered on 12/16/10, 8:18 am

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