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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31684
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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We are in our second trial mod. and it looks like we may not

Customer Question

We are in our second trial mod. and it looks like we may not be able to pay. My sister -in law and I are on the mortgage. She has never made a mortgage or tax payment. Her claim is that she cares for my ill wife and that she buys food. That was not our agreement when we too out the refinance. I have put about $300,000.00 towards mort. and taxes. Now she wants me because I am broke to do a quit claim to her, and pay her rent.And I should do all repairs around house.Who gets taxed in New york when you quit claim to another family member? What about my name still on mortgage. Need a little guidance.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Roger replied 2 years ago.
Hi - my name is ***** ***** I'll be glad to assist.If both of you are on the mortgage, then you are equally liable to the lender for the it really doesn't matter who pays or has paid what in the past as you're both bound to the lender.
Expert:  Roger replied 2 years ago.
Also, if you are both on the deed as joint owners, you are equal owners of the property, and she can't force you to give up your interest in the property short of a court order from a partition lawsuit. BUT, even if you were to give up your interest by issuing a quitclaim deed, you are STILL obligated to pay the mortgage.
Expert:  Roger replied 2 years ago.
So, quitclaiming the property to her will do absolutely nothing for your liability to the bank........Thus, it really makes little sense for you to do this and give up your ownership UNLESS she refinances the debt in her name only and relieves you of the obligation to pay.

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