Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Peter J. Weinman
1 Answer | Asked in Real Estate Law for Arkansas on
Q: Can my neighbors get an injunction to keep me from Crossing their property thereby us being homeless

I am in Arkansas This is a 6 to 10 ft section of property that we made an agreement on we could use and have been using their Road for a year and a half now that we are moving on our property they want an injunction where we cannot cross over this section. My question is how likely what a judge... View More

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 11, 2023

Your property is landlocked, you made an agreement for an easement over your neighbor's land, and now the neighbor is preventing you from accessing your property? Without more information, we cannot guess your next best move. How long have you owned the landlocked parcel? Was it once part... View More

2 Answers | Asked in Real Estate Law for Pennsylvania on
Q: Can an attorney help me get a mortgage lien removed from my home that was paid off 25 years ago but never satisfied
Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 11, 2023

Attorney Avery is correct, but before I went that route, I would start by trying to locate a "duplicate" satisfaction of mortgage from the lender or its successor. If they are still in business, call them and ask for a duplicate satisfaction. If you cannot locate the lender or determine... View More

View More Answers

2 Answers | Asked in Real Estate Law and Civil Litigation for Michigan on
Q: My mother & I are both on mortgage. She's principal borrower. She passed. Can/Do I assume the mortgage? Please help! Ken

Mortgage was drawn from her account because she had good credit. But, I have been paying mortgage through her account by check. I insure the home as well. My credit is much better now. It looks as though the mortgage company may just run my credit as to not upset the mortgage. Is this common?... View More

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 9, 2023

I do not necessarily disagree with attorney Geers, who is licensed in your state (where I am not), but your question has two aspects. I think (1) there's a distinction between being a borrower (on the note) and being an owner (and necessarily on the mortgage), and (2) whether your sister has... View More

View More Answers

1 Answer | Asked in Family Law for New York on
Q: Do i need the other parent to get my child a passport?

I have sole physical & legal custody of my child.

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 5, 2023

Generally speaking, both parents would be needed, but if you have sole legal custody, you should be able to apply for the passport without the other parent. Along with your child's passport application (Form DS-11) and all the other required documents, you will also need to provide... View More

2 Answers | Asked in Real Estate Law for California on
Q: Need to know how to file a judgment to make someone sign a quit claim deed

I paid for a house out right and put boyfriends name on my deed now he is abusing his technical home ownership and ruining my stuff and stealing and won't leave won't sign my house back to me .... how do I get this in front of a judge I can't live like this

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 4, 2023

Putting aside why you would have paid outright for a house and put his name on the deed, your question is not clear. Is he the only name on the deed, or are both your names on it? If you are both on the deed, you must bring an action in Partition. This means you'd ask a judge to order the... View More

View More Answers

1 Answer | Asked in Consumer Law for New Jersey on
Q: What does the six year statute of limitatiion mean for credit card debt in NJ? When does the time period start?

I have two judgments against me .

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 28, 2023

The 6 years start when the debt goes into default, which is usually when one misses or makes their last payment. This does not invalidate the debt or stop the creditor from trying to collect and/or reporting it to the credit bureaus - it just prevents them from using the courts to help. Be careful... View More

1 Answer | Asked in Family Law for New York on
Q: Upon getting married in NY can we choose to get a new last name entirely sperate from both our current last names
Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 24, 2023

No, you cannot accomplish this (an entirely new name) via marriage, and that would require a separate petition for name change. Here's what I found you CAN do with your names at the County Clerk's website:... View More

2 Answers | Asked in Contracts for New Jersey on
Q: If someone owes me money; we made a contract; the money is from an LLC; now they are saying they are hard up for money;

If someone owes me money; we made a contract; the money is from an LLC; now they are saying they are hard up for money; but they have another 11 LLC's in their name. The question is if they go bankrupt on the LLC where the money was loaned from, can I sue on the other LLC's for my money owed?

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 21, 2023

That's not an easy question to answer, but the short answer is "probably not." The exception might be if you were able to show that the LLCs were set up as shams to perpetuate such frauds against lenders. The loan to the LLC did not include a personal guarantee? Check the signature... View More

View More Answers

2 Answers | Asked in Landlord - Tenant for New York on
Q: I rent in Harlem Ny I have no rental insurance a watermain burst and cost considerable damage who pays
Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 21, 2023

I agree with attorney Smollens except I do not think there's necessarily "plenty" of time if your claim is against the city. If the city is to blame, you have very little time to file your notice (90 days), and you need to discuss this with an attorney ASAP.

View More Answers

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: As per N.J.S.A. 46:8-50, my landlord and his realtor never notified me I was moving into a FEMA AE flood zone with SPHA

I believe the law was enacted in 2009. It has flooded at least 3 times, the first 2 times I was not at home when it flooded. The last time in 2021 I lost my car and the rest of the residents of this 4 family lost a total of 5 cars (plus 1 earlier in the 2000s with the 2nd flood,) Since we did... View More

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 19, 2023

There are some exceptions to that rule. It does not apply to premises with 1 or 2 units (or 3 units if it's also owner-occupied), hotels, motels, or other guest houses serving transient or seasonal guests. (See below).

If yours is not an exception, you should reach out to a local...
View More

4 Answers | Asked in Divorce, Real Estate Law and Family Law for New Jersey on
Q: I bought a home in NJ and titled it in my daughters name. Now she is getting divorced what is my exposure?

I have a contract for deed on the house. There is a mortgage on the house in her name only.

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 19, 2023

Attorneys Diamond and Boyer have offered great suggestions, but if I were you, I would not *DO* anything until you've retained a local attorney who will look at everything and guide you accordingly. I fear that if she were to transfer the home to you, that might trigger the due-on-sale... View More

View More Answers

2 Answers | Asked in Landlord - Tenant for New York on
Q: In NY, is it legal for landlords to charge over 6 years of rental arrears?

I have been living in my apt for 19 years. Over the years I have accumulated quite a bit of rent arrears. My landlord says that I have to pay it all now or risk eviction. I heard that any rent arrears over 3 or 6 years in NY could be expunged. Is this true?

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2023

You may be referring to the statute of limitations for contracts, which is 6 years. From my "Staten Island" perspective based on my Staten Island experiences (even though the NYC courts are supposed to be unified, I am not sure how it would be handled in Brooklyn), I do not think any... View More

View More Answers

2 Answers | Asked in Landlord - Tenant for New York on
Q: Can my landlord charge me for utilities even though it was included when we signed our lease?

When we moved in we signed our lease and utilities were included. Now her electric and gas bill is up and she's trying to make us pay for a portion of it, saying that she's only one person and she doesn't use much electricity and we're 2 people so we use more. But we're... View More

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 10, 2023

Before any attorney can answer your question, they would need to see the entire agreement. Language, out of context, can be used either way. For example, what you quoted can mean that you're responsible unless it says somewhere "included in the rent." But without separate meters,... View More

View More Answers

2 Answers | Asked in Estate Planning and Real Estate Law for New Jersey on
Q: Question regarding a one dollar property deed transfer and a life estate right on the same document

I have a deed where the grantor transferred property to grantee for 1$. In the same deed the second sentence is that the grantor conveys a Life Estate to the grantee for his natural life. The grantor later made a will and left the same property to the different person, and no taxes of any type... View More

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2023

You said the grantor conveyed a life estate to the grantee but you probably meant "grantor**." Anyway, provided the earlier deed was recorded (you did not specify - you only said you had it) the grantor's Will matters not because AT MOST he retained a life estate that dies with him,... View More

View More Answers

1 Answer | Asked in Real Estate Law for Virginia on
Q: Virginia HOA violation, do I have any legal right to fight it

New homeowner here home was purchased Oct 2022, there is a built in playhouse off the deck that has been on property since Aug 2021 with no issues. I received a violation letter in the mail stating that this was not approved by the ARC committee and I need to file plans and have them approved or I... View More

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 6, 2023

Unfortunately, the fact that the HOA did not know about or complain about the structure may not be sufficient grounds to argue its existence. When you say "file plans," do you mean with the HOA or with the local municipality? Can you establish that the HOA is picking on you or otherwise... View More

1 Answer | Asked in Criminal Law and Employment Law for New York on
Q: I was an Art teacher and added names to my attendance list of people that wasn't taking the classes.

I was an Art teacher in a senior center, which made me chase for students, so in my frustration I added names to my attendance list of people that wasn't taking the classes, that's it. They got angry and fired me, but this people are so crazy that I fear that they can charge me with... View More

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 4, 2023

I'm not sure I understand your question or what it is you are being accused of having done. You made a list of people that were not attending? Or did you add to an attendance list the names of people who did not attend to make it look like they did attend? Or are you being accused of... View More

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Indiana on
Q: Rent to own contract was broken by the landlord (owner/ seller) of the house, can I take them to court?

Landlord agreed to rent to own for $110,000. Landlord got a different mortgage on a new home they purchased and said they couldnt have this house( the one I was already renting to own for 5 years) as a rent to own anymore. Can I take them to court for the money I put into owning the house since... View More

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 24, 2023

Your rent-to-own contract should outline your rights and remedies. Assuming an attorney represented you when you entered into that agreement, you should speak to that attorney for advice. If you had no attorney, from my NY perspective, unless your contract prohibits it, you would need to bring an... View More

4 Answers | Asked in Contracts and Real Estate Law for New York on
Q: Does my boyfriend have a claim to a house deeded to me?

I purchase a house fresh out of college. It is deeded to me; my boyfriend co signed on the loan. We broke up and I asked him to move out. For 2 + year, he contributed $200.00 to monthly expenses, while I paid the taxes, furniture etc. He now wants 50,000 from me. AM I wrong given the house is... View More

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 23, 2023

I agree with attorney Nelson - absent a written agreement to the contrary, he has no rights or interest in the property if he is not on the deed. Based on what you've stated, his payment of $200 per month sounds like it would amount to less than rent would have been, so even if he were to sue... View More

View More Answers

2 Answers | Asked in Real Estate Law for New York on
Q: Bought house w/ bf Only I’m on deed. His down payment was bonafide gift. Venmos me his 1/2 mortgage.Can I kick him out
Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 23, 2023

Your question is unclear and we would need more information to provide a proper answer. You said you bought the house with him, but his downpayment was a "gift." Why would he make a gift of the downpayment if you were buying a house together? You also said he sent you his "1/2... View More

View More Answers

2 Answers | Asked in Domestic Violence and Personal Injury for New Jersey on
Q: Could you file a suit against your homeowners insurance for domestic violence/injurY/PTSD, endured while living in home?
Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 22, 2023

It's unlikely your homeowner's insurance would cover you for the results of the intentional acts of others, including what you suffered at home. You should contact your health insurance provider to cover expenses related to your injuries and any follow-up treatments and/or ongoing... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.