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Old 02-08-2005, 10:01 AM
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Join Date: Sep 2003
Location: ny
Posts: 15

Tentative mortgage holder broke verbal contract....


What is the name of your state? ny

My boyfriend and I moved into his mothers 16 months ago (she moved to fla). The mortgage holder (private mortgage) agreed that she would allow us to assume the mortgage. We at that point started paying the mortgage every month, doing extensive work on the house, including a new roof, new furnace, and lot of cosmetics, etc. All together we have paid almost $15K into the mortgage and repairs of the house over the last 16 months. Now the mortgage holder at the last mintue decided that she wants to forclose on his mother for back taxes that she owes her (about $10k). She had told us before that she might want us to add that $10 to our mortgage when we sign the final papers, we told her we were uneasy about that, and made no committments to do that. The original agreement was that we were to assume the balance of the mortgage, that was it. Now she wants us out after we have poored all this money and time into this home, including a new nursery for our baby. What kind of recourse do we have for her breaching the verbal contract we had to assume the mortgage? How can we get our money back for what we paid for the mortgage and the repairs. On all of our payments/checks I wrote "mortgage" NOT "rent". She has not told us when to get out or given us anything in writing so I know we have 30 days from the date of written notice, but can we get even longer somehow? Thanks! We're in NY.
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