Can we remove a gazebo on our property?

[marlobeverly]

My husband bought our house in 2002. It has a gazebo with a jacuzzi in the backyard. We would like to remove it now for our children but my husband noticed the following in the promissory note the provision for no sale or alteration. The section reads thus:
The Mortgagor may not, without the consent of Mortgagee, (a) alter, demolish or remove the buildings and improvements on the Property, or (b) sell the Property or any part of it.

The bank peviously employeed my husband (it is a small foreign bank working in NYC). Since he left the bank in 2004, we have had nothing but problems with the bank - they were first under-reporting interst then over-, then they would send amortization tables that didn't make sense - and basically they couldn't get it right. Recently, my husband reported them to the Federal Reserve Bank and the NYS Banking Dept for these infractions as well as pursued legal action to retrieve money for time spent trying to fix the problem - the arbitrator let my husband know that time spent is not actionable etc. However at the arbitration, my husband said that he has not received any information from the bank since they stopped taking his calls or answering his emails. Turns out there is a provision in the Promissory note that states that all communication be done by certified mail. Now my husband believes that the bank will follow the Promissory note to the letter in everything - but I have a hard time believing that we can't make any changes to the property now or sell it.

So, finally my question is this:

Can we not remove the gazebo or even sell the house at all? (We have been on the market for a while - but that is a differrent story altogether.)

You will need their permission, but they should agree as long as the value of the property does not go down because of it.

I do not agree with the above person,

I think you should at least consult a real estate attorney and a contract attorney they may be the same one to look over your contract.

You may have grounds to sue for breach of contract or breach of fiduciary duty
Or negligence.

Good luck
.