Do I have any rights to stay in my current home while looking for a new home

We pay a morgtage to my father-in-law . we signed an agreement for two years and paid every month.We are listed at the registry of deeds (my wife and I) as the owners. The contract expired last year and around the same time I lost my job. We have no current “argreement” at this point. We have been unable to oay for 6 months now but have recently offered as much as we can . He has given verbal notice that we must vacated the property with in four weeks . What recourse do we have , If any

Asked on May 21, 2009 under Real Estate Law, New Hampshire

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Mortgage and foreclosure law isn't different because the lender is a relative.  I would strongly recommend that you take your deed, and everything else that is in writing including the expired agreement, to a real estate lawyer in your area.  The only sure way to get reliable advice is if it is based on all the unique facts of your case. One place to look for a qualified attorney is our website, http://attorneypages.com

As a general rule, if it has to do with real estate, it has to be in writing.  That includes mortgages and even notices to vacate for mere renters -- and you have more rights than that.  There are some exceptions to the in-writing requirements, and those can differ some from one state to the next, but a verbal get-out-in-four-weeks isn't good enough here, I wouldn't think.  You will have to make payments on what you owe him, of course, or you will have to leave at some point, but there's a process that has to be followed.  Again, you need to have a lawyer review all the facts of your case, to get sound advice.


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