QUESTION
My father wants to take his sister to court. She lives in Florida he in NY.
Asked on Feb 07th, 2017 on Breach of Contract - New York
More details to this question:
He helped her purchase a home in Florida in 2005. Her and her family has since lived and has been paying for this home. The verbal agreement was he helped by using his credit but the home is his sister's. But now in 2017 she can no longer afford the home. She has threatened to abandon the home. She hasn't paid the mortgage since November. Creditors are calling my father. He has never been to the residence. She says shes not paying and is going to allow the bank to foreclose. What can he do? My father is elderly and sick. I am his daughter and I want to help figure out how to make his sister pay. It was her financial obligation not his. And now his credit is on the line.
1 ANSWER
1 Award
While you could sue here, it is better to sue in Florida. Consider doing nothing. If the home is worth less than the mortgage, let it go. The verbal agreement is likely not enforceable, so the issue would be if your father is on title. Consider a short sale if he is. If not, lending his credit is not a great claim.
Answered on Feb 10th, 2017 at 7:43 AM