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New York Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for New York on
Q: My mother has land in Puerto Rico which we want to give to the government. How do we do it.

Land is to be sold to pay taxes.

Tim Akpinar
Tim Akpinar answered on Jul 22, 2021

I'm sorry your question remains open for three weeks. You could try reposting this under the Real Estate category for Puerto Rico. Look for the linked text, "Show More States." When you click that, you'll see Puerto Rico toward the lower portion of the page under "US... Read more »

1 Answer | Asked in Real Estate Law and Collections for New York on
Q: I have a judgment entered in September 2012 in the amount of $2745 .00 in Niagara County , NY.

Judgement was secured against real property which was sold . Can I seek action against the new owner?

Michael David Siegel
Michael David Siegel answered on Jul 15, 2021

Yes. If what you say is true.

1 Answer | Asked in Real Estate Law for New York on
Q: can i sue my lawyer and closing company for negligence?

During the closing, the closing company was supposed to take the money out the proceed to pay some lien on the house as per agreement. They made a mistake and refund back to sellers. Now i owed than 50000 on the property due to unpaid lien. Can i sue the closing company for for this mistake. I... Read more »

Michael David Siegel
Michael David Siegel answered on Jul 10, 2021

To me, the fact the title company denied the claim is the key issue. This is ordinarily a title claim. The "closing company" is usually the title company, so I am not sure what your distinction is. If it is a lien of the seller you can sue them. It would be Supreme Court litigation.... Read more »

2 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Can the leasing manager say no to add a roommate in NYC?

I signed the lease in NYC. I asked to add my boyfriend as a roommate, and the leasing company said I could not add him because I already signed the lease.

The lease says it could be used as a residence only for myself and my immediate family, who has been living. But I thought the NYC... Read more »

Victor M. Feraru
Victor M. Feraru answered on Jun 28, 2021

The roommate law absolutely applies.

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3 Answers | Asked in Contracts, Estate Planning and Real Estate Law for New York on
Q: Can a failure of payment from a PA judgment be recorded as a lien in NY?

Judgement if lawyer fees from a contempt in custody. He hasn't paid anything and won't pay. After I get a judgement for contempt again, can the PA judgment be recorded against his house in NY?

Nina Whitehurst
Nina Whitehurst answered on Jun 3, 2021

Every state has a process for "domesticating" foreign judgements. It usually starts with obtaining a triple certified copy of the foreign judgement. A collection attorney in New York can help you with this.

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1 Answer | Asked in Real Estate Law for New York on
Q: Can I break my lease in a NYC if the building’s policy changed from a strict no pets to allowing comfort pets?

We’ve since had issues with barking at all hours and dog hair in the buildings common laundry machines. I have pretty severe allergies and moved here to get away from peoples pets. It’s gotten so pervasive that I just want to move

Tim Akpinar
Tim Akpinar answered on May 27, 2021

Your post remains open for four days. There's no guarantee all questions are ultimately picked up, but you could have better chances of a response under the Landlord-Tenant category. You could repost and add that as a category. Good luck

Tim Akpinar

2 Answers | Asked in Real Estate Law for New York on
Q: I own a property in Ballston Spa, NY in joint tenancy with an ex-partner. The property is in foreclosure(2year).

The ex-partner has refused four decent offers in the last year. I've just received the best offer yet, and he is refusing to respond. What legal defense is available if any?

Thank you for your response.

Elaine Shay
Elaine Shay answered on May 25, 2021

If your ex-partner will no cooperate in your efforts to sell the property, you can commence a partition action. A partition action will force a sale of the property.

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1 Answer | Asked in Real Estate Law for New York on
Q: How can a bequest to an heir be identified in letsonal.propertu ie share certificate and proprietary leases

My brother passed away and in his pour over will and family trust executed in CA states the personal property is bequeathed to.me his sister. How do I go about transferring this into.my name

Tim Akpinar
Tim Akpinar answered on May 22, 2021

I'm sorry for the loss of your brother. You could continue to await a response here in the Real Estate section, but you could also consider reposting in the Probate and Estate Planning categories. There's no guarantee all posts are picked up, but you might have better chances there. You... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: Can property title transfer be revoked?

My brother transferred the title of my mom's coop to his name when she thought she just add him to the title. She is elderly and does not speak English. She did not have a lawyer to represent herself only my brother had, This happened 2019 and he rented an apartment now and while she was... Read more »

Elaine Shay
Elaine Shay answered on May 19, 2021

Maybe. If your mother was “tricked” she may have a case to rescind the deed based upon fraud. This can be considered a form of elder abuse.

These type of cases are generally well beyond what an unrepresented litigant can successfully litigate on his or her own, so she should certainly...
Read more »

2 Answers | Asked in Estate Planning and Real Estate Law for New York on
Q: Sibling sold family home without my knowledge. Queens N.Y.
Elaine Shay
Elaine Shay answered on May 14, 2021

What is your question? If your sibling owned the property, there is no requirement that family members be notified of an intended or actual sale.

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1 Answer | Asked in Real Estate Law for New York on
Q: We have an incomplete eviction there is thousands of dollars of our property at the house in Westchester inside and ou

Can they proceed to sell our house when they have not made our property available to us

Elaine Shay
Elaine Shay answered on May 13, 2021

If you are a tenant, the landlord does not need your permission to sell the property. The new owner essentially steps into the former owner's shoes with respect to the tenancy.

2 Answers | Asked in Real Estate Law for New York on
Q: When do you file a claim against your title insurance

the title agent made a mistake and forgot to pay one of the lien on the house. As a result, i end up owing 50000 dollar plus interest. can i file claim against the title insurance?

Michael David Siegel
Michael David Siegel answered on May 4, 2021

Yes. It is like any insurance. You have a policy with a number, and in that policy, it will say where to send claims and how to do it.

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1 Answer | Asked in Estate Planning and Real Estate Law for New York on
Q: What is meant by I leave my estate to my children, if any who survive me in equal shares per stirpes

My mother died and this is how her will read. Do the children of a deceased daughter then have a right to that daughters share or since the daughter predeceased the mother are they excluded. I have received different answers, since the will stated first to my children if any who survive me in... Read more »

Nina Whitehurst
Nina Whitehurst answered on Apr 28, 2021

It means that if a child of your mother predeceased your mother, then that child's children (your mother's grandchildren) inherit the deceased child's share.

2 Answers | Asked in Real Estate Law for New York on
Q: company's mistake

i closed on a property in dec 2020? one of the contract clause is that the seller will pay the DOB violation. The title company was supposed to pay for the DOB violation from the proceed as agreed. However, i discover the fund was returned to the seller as a "mistake". how i am supposed... Read more »

Elaine Shay
Elaine Shay answered on Apr 26, 2021

Your closing attorney should assist you with this problem and will be the most familiar with what protections you have from any escrow agreements entered into at closing.

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1 Answer | Asked in Contracts and Real Estate Law for New York on
Q: Can I get back money for down payment on condo placed before the coronavirus?

I signed a contract to purchase a condo in 2019 (before the coronavirus) and put a 10% down payment for the condo. However, after the coronavirus hit, my business took a very hard hit, and I am unable to pay for the amount of the condo. When I had purchased it, the plan was to pay for the condo in... Read more »

Michael David Siegel
Michael David Siegel answered on Apr 26, 2021

It depends upon the terms of your contract. However, you need to be a tough guy to make things harder for the seller so you can get some back.

1 Answer | Asked in Real Estate Law for New York on
Q: What legal/financial right does my sibling have to a home that belongs to my sister and I

Our mom was the original owner of the house and a year before she died, she turned over ownership of the house to my sister and I. Now one of my sibling is demanding we sell the house so he can get his share of the property. My sister and I have live at the property with our mom since the purchase... Read more »

Elaine Shay
Elaine Shay answered on Apr 19, 2021

If your mother did not own an interest in the house at the time of her passing, there is no interest in the house for your sibling to inherit. If your sibling believes your mother was not competent to transfer her interest in the house to you or it was done improperly, he may commence litigation... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: I own the house, my boyfriend pays utilities. What rights does he have? He is physically abusive and is a drug addict?

I own the house. He has lived in it with me for two years. He pays utilities. I have tried to break up with him but he refuses to leave the house. He is physically abusive and I just recently found his drug items in the house. It is not safe for him to live with me anymore but he refuses to... Read more »

Elaine Shay
Elaine Shay answered on Apr 19, 2021

If your boyfriend will not voluntarily vacate and you have not obtained an order from a court excluding him from the residence because of domestic violence or other reasons, you are required to take similar steps as a landlord would to evict him from your home through a holdover proceeding. Since... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: Is my father entitled to the original paperwork ? Lawyer is giving a very hard time to give him the original paperwork
Toshinori Isoai
Toshinori Isoai answered on Apr 15, 2021

Yes. However, a lot of documents are filed online and executed electronically these days, so original vs. copy may not make a lot of difference, but if he wants the very original ones, and his lawyer doesn't respond, he should be able to obtain a certified copy too.

2 Answers | Asked in Real Estate Law for New York on
Q: How long does a judgement against investment property last after the debt is no longer reported to credit agencies?

I have a judgement against property from 2008. The debt has stopped being claimed on my credit. I want to sell the property but can't if there's a lein on it. What can I do about it, I don't understand the public record documents well enough to find my own answer.

Michael David Siegel
Michael David Siegel answered on Apr 12, 2021

Judgments remain a lien on real property for 10 years from the date of entry unless extended by court order. If your judgment was entered in 2008, it is likely not still a lien.

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2 Answers | Asked in Real Estate Law for New York on
Q: who pay for agent mistakes?

i closed on a property in October 2020? one of the contract clause is that the seller will pay the DOB violation. The title company was supposed to pay for the DOB violation from the proceed as agreed. However, i discover the fund was returned to the seller as a "mistake". how i am... Read more »

Anthony Armando Nozzolillo
Anthony Armando Nozzolillo answered on Apr 2, 2021

Greetings: You should advise the attorney who represented you at closing as to what transpired; have he/she correspond with the Title Company and have them review the "ESCROW AGREEMENT" you signed at closing with respect to this violation.

Best of luck.

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