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... Read 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... Read 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... Read more »
The damage is caused by my neighbor tying his trees to my fence. I have asked him not to do so and have cut the lines whenever I see them. This has gone on for months. There is damage to my fence (it now leans in his properties direction) and I am wondering if I can hold him responsible to pay for... Read more »
answered on Mar 21, 2023
If you own the fence and it is on your property, you can seek to hold your neighbor responsible for any damage caused by his/her unauthorized use of your fence. If the damage is less than $10,000 you may sue in Small Claims Court for money damages. However, if you also want an injunction... Read more »
A few years ago my boyfriend’s parents were struggling financially and ended up modifying their mortgage loan (details unknown).
In this process, they asked my boyfriend to sign an acknowledgement of contribution stating that he lives there, is their son, and has been “contributing... Read more »
answered on Mar 20, 2023
Acknowledging a contribution for the purpose of a loan modification does not create personal liability on the existing note. The lender does sometimes ask for authorization to run a credit report of a contributor, and if he was living there the address should show as a residence. But since he is... Read more »
I had an offer for sale accepted at the end of August 2022, I paid 10% down and the loan officer stated that he would be able to help me with a loan. It was supposed to take place at the end of November 2022. The sponsor of the property, (seller) and the property management have been in touch with... Read more »
answered on Mar 17, 2023
Real estate transactions in New York typically have attorneys on both sides (and one for the bank, and for co-ops, one for the co-op itself). You should contact an attorney to review the contract of sale (or if not yet entered into, to review the seller's draft) and deal with any issues... Read more »
Bought a house with a dual agent, we are from out of the area so just contacted the poster directly and she also ended up being the owner. We did a few walk through, and she did a lot of upgrades to the property including a continous water heater and septic tank. We asked her about the foundation... Read more »
answered on Mar 14, 2023
Sorry for the late reply - I just joined this site and found your unanswered post.
First, I am not sure I fully understand the background you provided but are you saying that you responded to a home listing and the realtor (a "dual agent") was the actual seller? While I agree... Read more »
I have a 6 month trial commercial lease. Started Dec1, 2022. With a three month guarantee and there after month to month basis. After June 2023, it would renew if no notice was given within 30 days from tenant to be a year lease. I would like to leave at the end of March 2023 today I would like to... Read more »
answered on Mar 14, 2023
The terms seem a little unusual, but whatever you agreed will govern. If the lease is month to month, no notice is required as a matter of law. Just do not pay April, and leave by March 31. However, if your document requires something different, that will govern.
My mom recently sold a duplex that I lived in with my family. The apartment we lived in was in significant disrepair so we invested over $6000 in renovations (permission was received). We also paid almost $6000 toward a new roof as well. Though we paid for rent till the end of the month. She... Read more »
answered on Mar 13, 2023
Generally, tenants investing money into improving a rental unit have no expectation the landlord will kick back that money when they move out.
Locking you out of your home without a court order is a crime. If you called the police when this happened mother could face arrest.
You... Read more »
You and your siblings must appear for the signing of the sales deed, either in person or by virtue of a power of attorney, to subscribe the sale. For each of you who resides outside Puerto Rico, our Tax Code requires that a 15% retention be made at the point of origin (which would be upon the... Read more »
answered on Mar 13, 2023
That is a requirement of the tax law in that location. https://www.discoverpuertorico.com/industry/download/588201-discover-puerto-rico-form-480-2017.pdf
Empty lot next door recently bought. A few days ago they were digging in the ground against my house. Left deep holes, and the side of my basement wall is exposed. My siding is chipped and broken in one of the spots now. Are these holes legal? They are uncovered, and I'm worried about rain... Read more »
answered on Mar 5, 2023
Dear Brooklyn Home Owner:
Your neighbor is not allowed to legally commence a construction project without prior permission from the NYC Department of Buildings and without a Permit to do so. Moreover, a neighbor is never entitled to harm the adjoining property. Hire an attorney because a... Read more »
I have paid my rent on time and have had zero issues financially, however, there have been health hazards that needed to be addressed and were worked through with the property manager, but now I am being terminated of a renewal. Do I have the right to ask to stay under the retaliation clause,... Read more »
answered on Mar 5, 2023
Dear Manhattan Tenant:
Were you properly served with a written notification required by the Statute (NYS Real Property Law Section 226-C [https://www.nysenate.gov/legislation/laws/RPP/226-C]) because that is the ONLY method allowed by State Law for a Landlord to inform a Tenant that there... Read more »
I got the apartment(lease) by my self and lived there for a year by myself, I put down deposit, I paid a guarantor fee every month, decorated and bought all the furniture, I am doing all the daily maintenance of the Airbnb account and finding cleaner, photograper etc. My boyfriend moved in a year... Read more »
answered on Feb 28, 2023
From a practical perspective (which is what it sounds like you are asking), an appropriate way to split income from the unit would be to first deduct all expenses and then to split the net income according to proportions of rent paid.
So first you would deduct all of the fees and costs... Read more »
The bank said only the executor of the estate can get it. Aren’t beneficiary accounts outside the realm of the estate and the executor? My sister lived in Arizona when she passed. I live in NY. The bank account is in South Carolina (where she used to live) The executor of the estate, a friend in... Read more »
answered on Feb 24, 2023
Questions about Estate matters are controlled by the law of the State where the decedent resided at the time of death. Therefore, although you may live in New York, your question is better directed to attorneys practicing in the State of your late sister's residence.
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.
answered on Feb 22, 2023
Do not do this. It will be a catastrophic mistake. If you want the house that bad, then borrow the money to pay off her mortgage, and get a deed encumbered by your own mortgage.
Our parents owned our family house in Lynbrook, NY since 1962. My mother died in 1974. Dad married Clare soon after and in 1996 added C to the deed. He passed away in 2004. C removed his name from the deed. I have copies of the deed and subsequent alterations. Neither our father nor mother had a... Read more »
answered on Feb 16, 2023
If Clare was added to Deed as a joint tenant, she was entitled to 100% when your dad passed away. If she is listed as a tenant in common with your dad, you may be entitled to something.
answered on Feb 15, 2023
Dear Brooklyn Tenant:
That is a negative [https://legistar.council.nyc.gov/LegislationDetail.aspx?ID=4950986&GUID=584F2A6A-6793-480E-A315-F0C8BDA98092&Options=ID%7CText%7C&Search=].
It is illegal to do so in an unhosted setting. But even where allowed by the controlling... Read more »
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 »
answered on Feb 13, 2023
Yes, a New York real estate attorney can prepare all the forms necessary to perfect and record the amended promissory note and mortgage. And it should be properly recorded, because New York is a “first to file” state when it comes to real property, so only properly recorded documents will put... Read more »
I also have to change the electric and water to her name and was told I needed an Affidavit.
answered on Feb 7, 2023
A little more complicated. Assuming the house was held by your grandparents as husband and wife, you need to make an estate for the second to die, and then have your mother be conveyed the house as next of kin. If she has siblings, they need to sign off.
The bank is saying we're short in escrow $400 but also trying to raise our monthly payment by $8.78 saying we can't pay the entire shortage to remain at the same payment we have. We'd rather pay the $500 we're actually short to remain at the same payment but they're saying we cannot do this.
answered on Feb 6, 2023
Generally, yes because the shortage indicates the current monthly payments you are making are not sufficient to meet the escrow obligation.
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