- Jurisdiction
- New Jersey
Here is a breakdown of our issues to see if this is something that can be resolved in court:
- In 2007, I was in the process of buying a home which we ended up doing in Clifton NJ. During the process there was an attempt to secure the mortgage under my name but because of credit concerns, I was not approved for the mortgage. We ended up having to buy the name under my step fathers name, which he is listed on the deed and the mortgage alone. My mother helped by securing half of the down payment.
- Since day one, I have fully paid for everything of this house, including property taxes, the complete mortgage, home insurance, repairs, renovations and improvements, land scaping, snow removal. Essentially absolutely everything because in my mind, this has been our home.
- Over the years the plan was to remove (Step Father) from deed and mortgage by either refinancing or taking out a new mortgage to assume responsibility of the property and was always discussed would be for what was owed, nothing more. But unfortunately something always created an obstacle for doing this specifically with my credit and being self-employed.
- For many years, (Step Father) and my mother who by the way are considering a divorce has always complained to me that this house where I live was showing on tax record and many state and local agencies where they were applying for help (for example: to reduce their property taxes based on senior citizen allowed reductions in NY State) as rental income, even though on his tax returns the number was always zero, because I paid the mortgage in full and he never made money from the monthly payments. So I had called and written letters to these state agencies explain the situation, confirming that this was my primary residence and have maintained it since day one with the intention of assuming the loan when possible, that Jose Aviles simply purchased the home for me because of my credit etc.
- We even started in 2016 to include this property on my own personal tax returns and (Step Father) stopped using this property on his tax returns because the IRS has a rule which I discovered that basically states if you could prove that you pay and maintain a house in full, you may claim it on your own tax returns. We even the amendments to show from Mr. Aviles himself where we removed the property from his return and added it mine.
- I have the original contract of sale and letters from our real estate attorney who did the process of this purchase and I am listed on the contract as a buyer and all the letter faxed and written from my attorney used during home purchase.
- If based on his claim that this property which he now states was his, why was I never issued a lease, or some sort of contract, why did he allow me to do a complete house renovation as recently as 2020 which I spent over 150K on renovations and improvements if his intention was not to sell me back the house?