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Questions Answered by Jack Mevorach
1 Answer | Asked in Business Formation for New York on
Q: Hello, Here is what I need to do with business entities. Please tell me if it’s ok or how to do it.

I need to form a partnership so I can expedite obtaining a municipal license, then I need the partnership to merge with or be purchased by an s corporation of which there is one shareholder. The partnership will have no assets, it’s just to save me three months waiting to fulfill a strange... Read more »

Jack Mevorach
Jack Mevorach
answered on Mar 17, 2023

There are many types of partnerships. Have a free telephone consultation with counsel.

Jack

2 Answers | Asked in Consumer Law and Collections for New York on
Q: filed motion for relief of default judgment on grounds of improper venue. 30 days later no ruling. do i need a hearing?

the plaintiff has not opposed the motion so far. Junk debt buyer. original contract has PA as the designated venue for litigation.

Jack Mevorach
Jack Mevorach
answered on Feb 23, 2023

Sounds like it belongs in Pennsylvania.

Jack

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3 Answers | Asked in Arbitration / Mediation Law, Consumer Law and Collections for New York on
Q: filed motion to dismiss, there is a binding arbitration clause in contract. A hearing is scheduled. why is it needed?

with backed up dockets why does not the court simply rules on the motion? the other party has not bothered to oppose it. seems like a waste of time. Arbitration is the way to go and nobody waived it.

Jack Mevorach
Jack Mevorach
answered on Feb 23, 2023

Sometimes, for various reasons, a court won't grant a motion on default. Also, despite the presence of an arbitration clause, not everything makes it to arbitration.

Jack

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2 Answers | Asked in Real Estate Law for New York on
Q: My friend has a reverse mortgage on her home and we want to setup a lease to own agreement for myself. Is she allowed?

She has around 600k on the reverse mortgage and she will still live in the house but I will pay her rent monthly on this lease to own contract so that I can buy it from her after three years.

Jack Mevorach
Jack Mevorach
answered on Feb 23, 2023

You need to structure this in a different manner, most likely including the mortgagee.

Jack

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2 Answers | Asked in Real Estate Law and Contracts for New York on
Q: Amending mortgage loan terms from same lender who is a family member.

I have a mortgage loan from a family member effective Jan 2020. A mortgage deed was recorded (NY) and refers to the respective promissory note. The lender (family member) and I want to amend to adjust the interest rate and term - the interest rate will be adjusted as of Jan 2020. Does the... Read more »

Jack Mevorach
Jack Mevorach
answered on Feb 12, 2023

There's no such thing as a "mortgage deed". Have a free consultation with counsel.

Jack

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1 Answer | Asked in Uncategorized for New York on
Q: some abandoned house . do they lose their rights?

my daughter is cosigner of house, she abandon house jan2022 when she left 2 months behind on mortgage. frozen pipes and 800 oil bill. i lived downstairs.. i been paying mortgage. i came home and found papers on table. i was served. trying to force me to sell house and pay for her lawyer. she... Read more »

Jack Mevorach
Jack Mevorach
answered on Feb 10, 2023

Have a free telephone consultation with counsel.

Jack

1 Answer | Asked in Health Care Law for New York on
Q: I have a 92 yr old mother, who will not sign a healthcare proxy can children make a health decision if she can’t

If a medical emergency arises, and she can’t make it health decision, can her children make it for her without there being a healthcare proxy

Jack Mevorach
Jack Mevorach
answered on Feb 5, 2023

No. A court appointed Guardian can.

Jack

1 Answer | Asked in Criminal Law and Federal Crimes for New York on
Q: I have fraud in my documents from the bank and servicer The allonge that should be attached to the note

The bank has created documents and backdated some of them I have a few defects

In my documents there was court order that was no adhered to I’m a retired police officer

And I no what I have In front of me is not correct

Jack Mevorach
Jack Mevorach
answered on Jan 31, 2023

Have a free telephone consultation with counsel.

Jack

Q: have power of attorney and proxy over my dad personl relationship affairs the bank won't let me on account what

What I look up they should section 5-1503 is there

Jack Mevorach
Jack Mevorach
answered on Jan 31, 2023

Often, banks reject valid Powers of Attorney. Have a free telephone consultation with counsel.

Jack

2 Answers | Asked in Family Law for New York on
Q: My dad is in a different state, his POA was given to his stepson. My sibling and I are afraid he was taken advantage of

How can we get this reversed he is 80 and in a rehabilitation center in Mississippi his wife recently passed away while they were in the hospital

Jack Mevorach
Jack Mevorach
answered on Jan 31, 2023

Thus is not uncommon. The easiest way to have it reversed is by agreement. If not possible, you'll need a court order.

Jack

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1 Answer | Asked in Real Estate Law for New York on
Q: Who gets the house if partners break up and both are on title?

I haven't had income for a few years, would I be allowed on the title? Am I responsible for payments as a co signer then? We've been together 12 years but been renting. Is common law still a thing in NY? I'm female and he's male. I just need some advice before I sign papers. Thanks

Jack Mevorach
Jack Mevorach
answered on Jan 26, 2023

Possibly neither.

Don't sign anything without speaking with counsel first and perhaps a quick review of documents at no charge.

Have a free telephone consultation with counsel.

Please call me, any day or night, up until 11:00 pm.

Jack Mevorach, Esq....
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1 Answer | Asked in Estate Planning for New York on
Q: Hello. Setting up trust for our 4 adult kids- is it wise to gather & discuss details with them before attorney consult

The estate will be in excess of $5 million.There's real estate, businesses, insurance, etc. We'd like the kids' input, and they are willing. We dread any infighting after we're gone. Recently family members have gone through torture. Any thoughts on how to best proceed? Thanks in advance.

Jack Mevorach
Jack Mevorach
answered on Jan 25, 2023

No. Consult with the attorney first and get an overview of what is available to you.

Jack

1 Answer | Asked in Federal Crimes for New York on
Q: the lower court sent fake transcripts doctered and false transcripts.to the appeals court.

i can prove this.. what avenue do i have? the decision is being used to hurt me. the false evidence and testimony never entered; or occurred at trial whil omitting crucial facts. i can prove easily my claim. ..the fraudulant evidence they made up not in the trial at all is hurting me and putting... Read more »

Jack Mevorach
Jack Mevorach
answered on Jan 22, 2023

You can prove this? I'd like to see and hear the proof. Have a free telephone consultation with counsel.

Jack

2 Answers | Asked in Business Law and Contracts for New York on
Q: Can I demand the full payment for unique items from the customer after they canceled the order?

I had a call with a customer to get him ten unusual trees for $10,000 which normally takes two month. The customer said he would give me extra $3,000 if I could get them for him one month earlier. I ordered five trees at $500 each with $1,000 express shipping. He then cancelled the order. I ordered... Read more »

Jack Mevorach
Jack Mevorach
answered on Jan 22, 2023

Is the agreement in writing?

Jack

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4 Answers | Asked in Contracts and Business Law for New York on
Q: Can the seller sue the customer for cancelling a large order?

Frank had an oral agreement with Sam to sell 200 orange trees ($60 each) and then sent a signed note stating "I confirm your order of 200 orange trees ($60 each). 5 days later, Sam tried to call Frank cancel the order, but only reached Ben, Frank's employee who was just fired. Ben... Read more »

Jack Mevorach
Jack Mevorach
answered on Jan 22, 2023

Same person asking, again about trees? Have a free telephone consultation with counsel.

Jack

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3 Answers | Asked in Consumer Law, Small Claims and Business Law for New York on
Q: Can I sue a customer for not paying me full amount (oral agreement)?

I had an oral agreement with a customer to plant 10 trees in her yard and provide five special cares (once a month) after the 6 months planting for $20,000 so the whole process is 1 year and 1 month. I bought the tree at $600 each and materials for one treatment at $300. After 3 treatments (9... Read more »

Jack Mevorach
Jack Mevorach
answered on Jan 22, 2023

Some agreements must be written to be enforceable; some not. Have a free telephone consultation with counsel.

Jack

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4 Answers | Asked in Real Estate Law for New York on
Q: If our deed was declared void. Can our neighbors get our house and land? How do we get a new deed?

Cancel

Jack Mevorach
Jack Mevorach
answered on Dec 24, 2022

If a court declared the deed void, the inquiry would then be what preceded the execution and recreation of the deed.

Jack

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3 Answers | Asked in Business Law for New York on
Q: I have a holding company (S corp) and three separate LLC's. I'd like to make the LLC's subsidiaries of the S corp. How?
Jack Mevorach
Jack Mevorach
answered on Dec 24, 2022

Why do you want to do this? It seems, to me, unusual.

Jack

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3 Answers | Asked in Consumer Law and Landlord - Tenant for New York on
Q: Should I signed a commercial lease that my landlord sent me when I'm a residential tenant?

I lose my job in August and since I didn't have the money to paid the rent I apply for ERAP. I informed my landlady and she is ok with this but they still have not approved my application. Today I received a message from my landlady to please sign a lease she sent me via email. When I look at... Read more »

Jack Mevorach
Jack Mevorach
answered on Nov 16, 2022

No.

Jack

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3 Answers | Asked in Real Estate Law for New York on
Q: I recorded a lien on a home for $400k for money I’d given that was not returned,foreclosure now,Iamserved as defend. Y?

A person I knew asked for a $400k investment with the promise of a return. Never materialized. Waited substantial amount of time before recording a lien for the $400k on his home in 2008. He would not answer the entire time so I waited. And now I was served papers last night and I am named as a... Read more »

Jack Mevorach
Jack Mevorach
answered on Nov 11, 2022

I agree with my colleagues. Retain counsel.

Jack

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