Legal Question in Real Estate Law in New York

Shared Property

Am joint owner of coop. My domestic parter relationship with the person that I am joint owner with, ended about 7 years ago at which time I moved out. The other owner has assumed all mortgage payments since then. I would like to have my name taken off the mortgage without having to refinance. How can I make that happen. The other party is in full agreement/cooperation.


Asked on 2/25/04, 4:24 pm

3 Answers from Attorneys

Robert R. Groezinger GroezingerLaw P.C.

Re: Shared Property

Not at all likely, without the pther persons fiancing in his/her own name. Thebank has a security interest in the both of you...

Good Luck

RRG

Read more
Answered on 2/25/04, 4:48 pm
Arnold Nager Arnold H. Nager, Esquire

Re: Shared Property

Your ex-partner will probably need to refinance.

I doubt the bank will take your name off the mortgage otherwise.

My comments are based on treating your question as a hypothetical. Accordingly, my comments could be substantially and materially different were I advised of all of the relevant facts and circumstances. My comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with me or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.

I am not hired to be your attorney, and no attorney-client relationship exists between us, unless and until you enter into a written retainer agreement with me, tender the agreed amount for a retainer and it is accepted by me. I reserve the right to decline representation should circumstances change.

As you are aware, in New York there are various deadlines for filing a complaint, filing an answer to a complaint, or taking other action in order to preserve your legal rights, and avoid a complete loss of those rights. You should retain counsel immediately in order to be fully advised of your rights, and to be fully informed of the applicable time period within which those rights must be asserted. If you were to delay in doing so, it might result in your potential cause of action being forever barred.

Read more
Answered on 2/25/04, 7:27 pm
Walter LeVine Walter D. LeVine, Esq.

Re: Shared Property

The other party can request the lender to remove you and look solely to him/her for future payments. The 7-year history might convince the lender to do it. However, the probability is that the lender will not agree, even with the payment history, and want you to stay on the Note since you still have liability in the eyes of the lender if the other party should default. The only other alternative is to have the other party refinance solely in his/her name. This might be a good idea if your name is also on the Deed and should be taken off.

Read more
Answered on 2/26/04, 12:45 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in New York