How does my mother enforce her lease when my sister is trying to sell her home that she now owns
Full Question:
my mother in law sold her property to her daughter for approximately $94,000.00 less than the low appraised amount with the provison all parties enter into a lease agreement with her for 11 years to live rent free and only pay one half of the utilities. my mother in law is 80 years old, and now only 1 year and 5 months later her daughter and her husband have decided to sell the property. there is a stipulation that my mother in law is to live on the premises for 11 years rent free to make up the reduced amount on the sale of the property. she does not want to move, however she will consider this as they are making her life miserable, if they pay her the balance of the 11 years stipulated in the agreement of to live rent free 700.00 per month for 11 years which totaled over 94000.00. the lease was never recorded because it did not have a notary signature, however the joint attorney on the closing did spell out all the considerations he performed for the fee of 1000.00 which was contract closing preparation of lease with specific information regarding the 11 years rent free at the premises....what is her recourse..can she record the lease and the attorney document on his letterhead that spells out why he was paid 1000.00. I think she can but of course neither document is notarized except that it is on the letterhead of the attorney in fact for both parties..?? She will move so they can sell to keep her sanity but she needs the money 80000.00 to find another dwelling
05/27/2007 |
Category: Real Property ยป Sales |
State: New York |
#5981
Answer:
The lease may not be recordable if not notarized. But regardless, she is in possession of the property and as long as she is in possession a third party purchaser would buy the property subject to implied knowledge that she is in possession and making a claim. If the recorder will record the lease that could also provide constructive notice to a purchaser of a claim. There could be other facts that could effect the rights of the parties and the lease terms could contain something that would assist. It appears that the matter would be something that your mother could prevail on but local counsel should be contacted to assist.