New York Real Estate Law Questions & Answers

Q: I hold the mortgage on a house, and the owners now want to pay it off. Do I need a lawyer?

1 Answer | Asked in Real Estate Law for New York on Nov 10, 2014

Answered on Nov 15, 2014

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James K. Riley's answer
You may not need a lawyer but the persons who owe the money and are paying it off may need one more and require a lot of legal protection. You have to give them a written "mortgage satisfaction" which is a notarized legal document that states that the mortgage and mortgage indebtedness has been paid off in full and further that you never sold or assigned the rights to the mortgage to any other person or entity. This is a legal document which must be filed in the Office of the County Clerk...

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Q: with heirs property, how can you gain ownership of the property

1 Answer | Asked in Real Estate Law for New York on Jul 11, 2014

Answered on Jul 15, 2014

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Yasmin Gamboa's answer
if there is a will which stipulates that the property is left only to you. If not, then if there are more than one heir they share equally.

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Q: If a neighbors tree is hanging over my property line can I cut the limbs and place them back into the neighbors yard?

1 Answer | Asked in Real Estate Law for New York on Jul 1, 2014

Answered on Jul 1, 2014

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Charles Snyderman's answer
I am not a NY attorney, but it is the general rule that you can cut the limbs that are hanging over your property line. I do not believe that you can place them on your neighbor's property without his permission.

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Q: We are in the process of moving out of NYS to FL. We own a home in both states and will be leaving the NYS address.

1 Answer | Asked in Real Estate Law for New York on May 23, 2014

Answered on May 26, 2014

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Charles Snyderman's answer
There are several options, but they should be discussed in person with an attorney where you live. If you do not need the money from the sale of the NYS property right away, you could sell the property to your granddaughter and have her sign a Note and a Mortgage giving you a lien on the property. She would be obligated to send you monthly payments. You would be taking a risk, however, because despite her best intentions, if she fails to make one or more payments, are you really prepared to...

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Q: I sold a house and the real estate agent claims that I owe them money

1 Answer | Asked in Real Estate Law for New York on Jul 19, 2012

Answered on Jul 21, 2012

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Paula McGill's answer
Did you hire the agent? If so, look at the contract you signed with the agent. Some contracts require payment if the house is sold during the retention period regardless of whether the agent brought the buyer to the seller.

You may want to take the contract to an experienced real estate lawyer in your area. A consultation may be free or no more than $300. Of course, you don't have to retain an attorney just because you consult with him or her. Just don't sign a retention contract...

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Q: Should condo meeting be open to all homeowners

1 Answer | Asked in Real Estate Law for New York on Apr 26, 2011

Answered on May 11, 2011

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Rodney John Alberto's answer
the answer to this should be in the by-laws of the condo association, which you should have access to. there may be certain meetings that homeowners cannot attend, so if you are denied access, you should ask for what provision in the bylaws authorizes limited meetings. in any event, you should be able to request minutes. Rodney Alberto, Esq. www.visabrothers.com, 732-200-0779

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Q: If there is no quorum for a Home Owners Association election for Board Directors, what is the ruling?

1 Answer | Asked in Real Estate Law for New York on Mar 24, 2011

Answered on Apr 28, 2011

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Rodney John Alberto's answer
did you review the bylaws of the homeowner's association? generally, where there is no quorum, there is no jurisdiction to act. the ruling could be challenged for lack of quorum. you need to review the minutes and/or the resolution of the board.

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