West Valley, NY asked in Real Estate Law for New York

Q: how can I stop my mom from starting a eviction case over and over again when it keeps getting dismissed.

my parents bought me and my kids a house on a foreclosure sale we have lived at the house for almost 9 years i have renovated the home with my own money with no help from them at all and i paid a monthly amount of 600.00 to pay them back 35,000 and I did because I trusted my parents. we had a verbal agreement that after I paid the 35,000 I would then own the property. they want to sell it after i had dropped tens of thousands into renovations. we have been to court 2 times now and its been dissmissed each time for a eviction. what can i do to stop them from trying to take me to court again and calling me a tenant when I'm not, and how can I stop her from theft of equity, and lying in court and getting away with it.

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1 Lawyer Answer

A: Dear West Valley Home Owner:

It would help to know what type of landlord-tenant proceedings were started and lost and the reasons for the cases' failures.

In New York State, the filed deed is evidence of owning real property. If your name is on the deed, you are the owner--not your mother-- and she cannot have a landlord-tenant relationship with you.

Land contracts in New York have to be written. Rent-to-own contracts have to be written.

You need a nearby lawyer to assist you and get to the bottom of this problem.

Tim Akpinar agrees with this answer

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