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Questions Answered by Michael David Siegel
1 Answer | Asked in Consumer Law and Small Claims for New York on
Q: I was Romanced scammed to cash a check, and now the bank is after me
Michael David Siegel
Michael David Siegel
answered on Jan 8, 2023

While you can file a criminal complaint against the scammer, as to you and the bank, you will owe this money.

1 Answer | Asked in Business Law and Contracts for New York on
Q: What should I do if my business partner is running a ponzi scheme and owes money on a credit card that is under my name?

I tried reach out but he does not pick up my calls. He has scammed other people including my brother which he still owes money to as well.

Michael David Siegel
Michael David Siegel
answered on Jan 8, 2023

A ponzi scheme is a crime. You must make a complaint to the DA.

3 Answers | Asked in Real Estate Law and Probate for New York on
Q: In 2010 my mother took out a $200K Home Equity Line of Credit on her home in New Jersey to give me a mortgage to

purchase an investment property in New york. There was a signed mortgage note for the loan. The note states the loan is subject to the laws of New York. In 2014 my sister learned of the loan and coerced mom to requesting repayment. The building was sold and mom accepted $100K, had the attorney... Read more »

Michael David Siegel
Michael David Siegel
answered on Jan 8, 2023

Your sister very much has a claim. Given a lawyer was involved, this was very sloppy all around. An interest in real estate can only be altered with a writing. You have none. The mortgage remains of record.

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for New York on
Q: Are my sister & her husband obligated to share the proceeds of the sale of my late mother's home in New York State?

My elderly mother sold her house in 2019 to move a few miles so she'd be closer to my sister. My brother in law (a CPA) put the proceeds from the sale (>$100K) in a bank account in my nephew's name to hide the $ from the govt in case Mom went into a nursing home. He then bought a house... Read more »

Michael David Siegel
Michael David Siegel
answered on Jan 4, 2023

It is legal. In fact, without you undertaking expensive and likely unsuccessful litigation, it is the way it is supposed to be. The recorded documents say what they say.

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2 Answers | Asked in Collections for New York on
Q: Bank of America is suing me for $7553 dollars. Can I still settle?should I call there lawyer notes on summons?

I made my last credit card payment in 2021. I called BOA July 2022 to settle and the bank could not find my account. I was told that the account was written off. I also looked at my credit report and it stated that the acct was written off. Court papers were filed Nov 2022. Can I reach out to their... Read more »

Michael David Siegel
Michael David Siegel
answered on Dec 29, 2022

Yes. And, get an extension in writing from the lawyer for answering the case. You do not want to default.

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2 Answers | Asked in Contracts and Business Law for New York on
Q: What contract would protect me from being sued if an employee is unintentionally hired but works for the people I serve

I was recently sued for soliciting employees, which was incorrect, but regardless. I am a staffing agency that assists surrounding facilities with staff. Their staff came to me and were dishonest about working for them, so I hired them but was later sued for soliciting their employees. How can I... Read more »

Michael David Siegel
Michael David Siegel
answered on Dec 28, 2022

You have it in reverse. Unless there is a contract preventing solicitation by you, you can solicit. It may be the employee that has a contract that prevents solicitation. You should win the case.

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4 Answers | Asked in Bankruptcy and Foreclosure for New York on
Q: Does bankruptcy court have jurisdiction regarding a state judgment of foreclosure that is void?

Refinance was canceled 8 years ago, and lender was allowed to proceed with void mortgage and note in state court.

Michael David Siegel
Michael David Siegel
answered on Dec 28, 2022

Yes and no. It applies State law if the claim is not final in State court. If it has been made final in state court, then the bankruptcy court must honor the state court judgment. There are bankruptcy options to modify, etc., even if there is a judgment.

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1 Answer | Asked in Employment Law, Business Law and Civil Litigation for New York on
Q: Can a company unilaterally withhold 100% commission due from a 1099 employee?

I made a mistake on a spreadsheet which caused pricing to be off by a few percent. I submitted the pricing sheet to the company. The company uploaded into their system and then approved all Purchase Orders from customers with the mistaken pricing (I did not approve any PO's). The company is... Read more »

Michael David Siegel
Michael David Siegel
answered on Dec 27, 2022

It depends on your agreement, which it appears in itself might be hard to prove.

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?

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Michael David Siegel
Michael David Siegel
answered on Dec 27, 2022

I am not sure of the chain of title or why the deed was void. Obviously, there is something you must do now, but there are not enough facts here to know.

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2 Answers | Asked in Consumer Law, Contracts, Civil Litigation and International Law for New York on
Q: Can I sue a storage comapny for losing my items, lying about it, and still charging me monthly fees while they knew?

I've had items in storage w/ a company in Canada since the pandemic. I asked them to ship them to NY home & have asked for months. I asked for a quote on multiple occasions, they gave me one but I couldn't afford it then. With the most recent they sent me an email saying they were... Read more »

Michael David Siegel
Michael David Siegel
answered on Dec 27, 2022

Your case is governed by Canadian law and your contract there. There is no American court remedy.

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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?
Michael David Siegel
Michael David Siegel
answered on Dec 27, 2022

If these are wholly owned by you, you should be able to just change the membership agreement. If you are doing this to avoid creditors, it could be a fraudulent conveyance. Also, depending on how you carry the books, there may be tax consequences.

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2 Answers | Asked in Identity Theft for New York on
Q: I was the victim of fraudulent unathorized money wire transfer out of my Savings Account from Citibank.

I already filed a claim and only part of it was approved (an unauthorized persoanl loan applied for under my name on the same day my Savings Account was emptied). The unathorized $6,000.00 dollar personal loan was reversed, but the rest of my money has not been returned to me ($16,000.00). I... Read more »

Michael David Siegel
Michael David Siegel
answered on Dec 20, 2022

You can sue Citibank but the success of the suit will turn on the facts of what happened.

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2 Answers | Asked in Real Estate Law and Small Claims for New York on
Q: we have sold our apartment and we have $10,000 in escrow account.

Buyers are not releasing our money, stating that we have to fix windows, we have to provide 4 new Air conditioners and we have to provide 2 custom closets that was never there. Our lawyer is holding the money and says that he is not going to finish this case, since he finish with his part at... Read more »

Michael David Siegel
Michael David Siegel
answered on Dec 15, 2022

If there is not consent to release the money, you are going to have to bring a lawsuit. If the deposit is $10,000, it can be small claims. Name the lawyer holding the money, and the buyers. You do not need a lawyer.

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1 Answer | Asked in Contracts and Real Estate Law for New York on
Q: How to review a NJ property contract?

Hi--

My wife and I are reviewing a contract to buy property in NJ and we would like to retain the services of an attorney as soon as possible in order to handle the attorney review. We'd like to sign the contract today so we'd at least to retain somebody since we would have 3 days... Read more »

Michael David Siegel
Michael David Siegel
answered on Nov 22, 2022

This is bread and butter work. You are posting on the NY board. I am admitted in NJ and NY. However, if you just call a local lawyer near the property (which you can find on this site or Google), it would be fine. Do not sweat it. Once you hire the lawyer, attorney review can be extended by... Read more »

1 Answer | Asked in Contracts for New York on
Q: Can I get some of my money back from an immigration lawyer for uncompleted work?

I paid about 9.5k for a couple of applications. The attorney only completed 1 of them. I changed my representative. Now when I contact them, they tell me that since I changed representatives, they won’t refund me. Isn’t that unethical? They haven’t worked on the rest of my case, so why take... Read more »

Michael David Siegel
Michael David Siegel
answered on Nov 21, 2022

You can sue for a refund. Since it is in NYC and under $10,000 it is small claims. You can do it yourself. Go to the Civil Court at 141 Livingston Street and go to the Small Claims clerk.

2 Answers | Asked in Business Formation, Contracts and Business Law for New York on
Q: Made an investment of $10k (with a total of $40k-$50k with other investors). business dissolved and told I get nothing?

The business was never operational. Expenses we’re very minimal & no debt was accrued. I know some goes to taxes, but I get absolutely nothing back?

Michael David Siegel
Michael David Siegel
answered on Nov 17, 2022

Depends on what your deal was, and what an accounting would show. Very hard for $10,000 to make something happen here. You can sue, but it would cost a high percentage of the recovery unless others joined. For $10,000 you can do a small claims case in NYC, and see if anything shakes out.

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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 »

Michael David Siegel
Michael David Siegel
answered on Nov 17, 2022

You should not sign. Sounds like it was an error. There is literally a form for both the residential lease and the commercial store lease. I think maybe she just sent the wrong one.

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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 »

Michael David Siegel
Michael David Siegel
answered on Nov 11, 2022

I agree with Mr. Nelson as to why you are a defendant in this case, and what will result. However, as a matter of law, you cannot just record liens on property because you think you are owed money. Thus, I am not sure what you did, and how you did it. The problem is that there is a statute of... Read more »

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1 Answer | Asked in Estate Planning and Probate for New York on
Q: What if anything , can happen if one is compelled to produce a will that they do not possess, in the state of New York?
Michael David Siegel
Michael David Siegel
answered on Nov 9, 2022

You cannot produce something you do not have. You would need to respond to the petition with an appropriate response.

1 Answer | Asked in Real Estate Law for New York on
Q: The selling agent of the house we were going into contract with had prior knowledge of a lien and did not disclose

PROPERTY LOCATED in AVERILL PARK NY what are my options as the buyer if the sellers agent was aware of an imminent lien was to be placed on the property but let me go into contract anyway only to have the closing being stopped the very day of the closing because a $75K lien was placed on the... Read more »

Michael David Siegel
Michael David Siegel
answered on Nov 9, 2022

No. The agent is not your agent. The contract will govern what happens. I am sure if drafted correctly this must be cleared at closing, or seller is in default.

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