Is there a form I can sign showing I pay my daughter's mortgage late and she is not liable?

Full question:

My husband and I have been living in my daughter's house as tenants with the verbal agreement that we would pay her mortgage on time every month. The past 3 years my husbands business has been in bad straights so we have paid the mortgage late about 7 times. She applied for a rental apartment in Manhattan, but when the board ran a credit report, our lateness came up. Now there is a chance she will be refused because of this. We need a document to prove it is not her responsibility to pay this mortgage. We have nothing on paper to give the rental board as this agreement was within the family. We need a document stating that we are responsible for her mortgage payments and she should not be held accountable for our lateness. How do we go about this? Please reply as quickly as possible as her move in date is March 15th she has already signed the lease and now they are saying they must review. She has already given notice at her present apartment.

Answer:

Contracts are agreements that are legally enforceable. A contract is an agreement between two parties that creates an obligation to do or refrain from doing a particular thing. The purpose of a contract is to establish the terms of the agreement by which the parties have fixed their rights and duties. An oral contract is an agreement made with spoken words and either no writing or only partially written. An oral contract may generally be enforced the same as a written agreement. However, it is much more difficult with an oral contract to prove its existence or the terms.

An affidavit is a sworn statement often used to detail the facts that may be necessary as proof of a claim. An assignment or assumption of a mortgage may be made, but it typically requires the approval of the lender.

Erroneous information that is verified as erroneous must be dropped from your credit report after being disputed as erroneous. Under the Fair Credit Reporting Act (FCRA), unverified information must be deleted. However, if a party is on record with the debtor as being liable for a debt and defaults in payment, the default in unlikely to be found erroneous unless the creditor had reason to know the party was no longer liable as a debtor on the account.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In most cases, a landlord cannot evict a spouse unless both spouses are on the lease and the lease allows for eviction under certain conditions. If only one spouse is on the lease, the landlord typically cannot evict the other spouse without a valid reason. However, state laws vary, so it's important to review the lease agreement and consult local laws for specific guidance.

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