Questions Answered by Michael David Siegel

Q: I live in a house in brooklyn i rent 1/3 of the house ground floor when the house is sold how long before i must leave

2 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Answered on May 23, 2017

The buyer will have to evict you, so several months. However, there may be an opportunity to get paid to move out sooner, as a vacant unit might be worth something to the buyer or seller.
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Q: New York: Does a foreclosure attach to a property or previous owner?

2 Answers | Asked in Real Estate Law for New York on
Answered on May 23, 2017

As taxes are a senior lien, the tax sale will foreclose out the mortgage, meaning the bidder at the sale gets clean title. However, a careful review of the tax foreclosure must be made to be sure that the mortgage holder was named as a defendant in the suit.
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Q: Is my 1987 car be too old to be considered under the NY state Used car lemon laws?

1 Answer | Asked in Consumer Law for New York on
Answered on May 23, 2017

The advice you got was correct. A 30 year old car is not covered.
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Q: NYS Bankruptcy-Would a case be flagged for abuse on chp7 while just over annual means test, but DI is $20 or less/month?

1 Answer | Asked in Bankruptcy for New York on
Answered on May 23, 2017

This is your second post on this. Use a lawyer. You are not doing the means test correctly, and hurting yourself in the process.
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Q: chap 7 bankruptcy NYS- Over the median income but do they consider the support obligation which deducts 20k from income.

2 Answers | Asked in Bankruptcy for New York on
Answered on May 23, 2017

To answer your direct question, support obligations are deducted from income. There is a line on the form for that. In the dozens of cases I have filed, I have only one time not been able to fill out the form in a way someone cannot qualify for Chapter 7.
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Q: My sister passed away and so did my Mom. My father had a house in P.R. and it is about to be sold by his other children

2 Answers | Asked in Real Estate Law and Probate for Puerto Rico on
Answered on May 23, 2017

This is a matter of Puerto Rican law, and you need to contact a lawyer there to see what rights, if any, you have in the house.
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Q: Secured creditors in Chapter 7 Bankruptcy.

2 Answers | Asked in Bankruptcy for New Jersey on
Answered on May 22, 2017

The trustee can sell the property with notice to you and paying you at the sale. You can take your property with a motion and meeting the standard to do so. You cannot just take it.
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Q: Does Chapter 7 discharge automatically accelerates a debt?

1 Answer | Asked in Bankruptcy for New York on
Answered on May 22, 2017

It does not automatically accelerate the debt.
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Q: Is my landlord allowed to charge me for time I am no longer in possession of my apartment?

3 Answers | Asked in Landlord - Tenant and Real Estate Law for New York on
Answered on May 22, 2017

The answer would be yes unless your lease says different. Someone would have to review your lease.
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Q: Question on completing schedules for corporate bankruptcy filing

2 Answers | Asked in Bankruptcy for New Jersey on
Answered on May 21, 2017

The portion that you own, which would be stated as such.
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Q: The house we rent is being sold. Can we use the rent deposit for a month's rent before the property is sold?

3 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Answered on May 19, 2017

Not legally, but everyone does it.
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Q: Contract closing day about June 10th. Sellers Staying until July. Loan commitment wil be expired. Obligated to re-apply?

3 Answers | Asked in Real Estate Law for New York on
Answered on May 18, 2017

They have the right to stay to July and make you reapply. I am sure they do not want to re-list the property. Ask if they will pay the rate lock extension.
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Q: Can I get sued for rent even though I'm not on the lease?

3 Answers | Asked in Contracts and Landlord - Tenant for New York on
Answered on May 17, 2017

While it is easier to sue if there was a lease there is a claim for "use and occupancy" he can sue for.
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Q: Can I file Chapter 7 for IRS back taxes that I owe? The IRS wants to put a Levy on m property and seize my assets. Will

4 Answers | Asked in Bankruptcy for New Jersey on
Answered on May 16, 2017

If you never filed the returns, then no. File the returns, and do an offer in compromise to settle the amount.
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Q: My father passed and all he has is debts - am I on the hook for them?

3 Answers | Asked in Estate Planning for New York on
Answered on May 16, 2017

No. Notify creditors that he has died. There is no need to form an estate if there are no assets to pass.
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Q: My commercial building already sold at auction. Trying to get a stay.

3 Answers | Asked in Foreclosure for New York on
Answered on May 16, 2017

No. You are too late. These are technicalities that do not void the sale.
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Q: Do Certificate of Incorporation Under Section 402 of the Not-for-Profit Corporation Law have to be updated periodically?

2 Answers | Asked in Business Law for New York on
Answered on May 15, 2017

The certificate is never updated for these issues, but there is an annual report that you should be filing which covers these issues.
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Q: Ex left and took most of her things.When can I change locks?How long does she have to be gone to lose squatter rights?

2 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Answered on May 15, 2017

If you were not married and she voluntarily left, then you can change the locks.
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Q: Is the price of an inherited buyout to be updated to increased property value if a year passes?

1 Answer | Asked in Real Estate Law for New York on
Answered on May 15, 2017

I have done many of these cases. A buyout is a settlement, and therefore you can do whatever you agree to do. What you are legally entitled to is a deed saying you are 50/50 owners. Any other resolution is between you. That being said, most settlements reflect current market value, as that is what you would get at a partition sale, which is your legal remedy to force a sale of jointly owned property.
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Q: How can i go about registering a business SoFreshSoFly entertainment

1 Answer | Asked in Business Formation for New York on
Answered on May 15, 2017

I do not understand the term "registering". You mean form a corporation, license a business or trademark a name?
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