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View Full Version : Does my landlord have the right to change his mind not to hold the mortgage anymore


sandastorm
Mar 16, 2009, 05:51 PM
Hello my brother owns the house we live in and sighned a mortgage agreement stating that he would hold the mortgage on the house for us. It says the amount we owe toatl and the mothly mortgage amount including all taxes. He has sighned the contract and so have we but we never got it notarized but it was witnessed by a third party and they sighned it. We have had no problems for the last 6 months at all and we have never been late on the payment and prove that, the problem is he now says he doesn't want to sell the house anymore and is going to get an eviction notice and kick us out. We live in the state of New York and just wonder what are our rights now . Are we going to lose our house ?

ScottGem
Mar 16, 2009, 06:12 PM
What does the contract say? The fact that it wasn't notarized has nothing to do with it.

But if you have a contract signed by him that states he will obtain a mortgage for you and you are required to make all the payments and when all the payments are made the house will be transferred to you, then you just bring that document to court and his attempt to evict will be thrown out.

Its all in the contract wording.

LisaB4657
Mar 16, 2009, 06:20 PM
Scott is exactly right. As long as you perform all of your obligations according to the contract, and as long as the contract doesn't allow him to change his mind, then your brother is out of luck.