Questions Answered by Michael David Siegel

Q: Hello, How can I confirm my mortgage's note holder? 4 different owners since 2003; Last lien recorded in 2012.

1 Answer | Asked in Real Estate Law for New York on
Answered on Jul 17, 2018
Michael David Siegel's answer
ACRIS, the NYC registry, will tell you the holder. However, the servicer will be on your credit report. May not be the same.
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Q: Is it illegal for realtor to sell house with a known violation from the towns code enforcement dept w/o inform buyer

1 Answer | Asked in Real Estate Law for New York on
Answered on Jul 17, 2018
Michael David Siegel's answer
Yes. A realtor represents the seller, not the buyer.
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Q: I have a question regarding my store rental. I signed a contract just over 2 years ago...

1 Answer | Asked in Business Law for New York on
Answered on Jul 17, 2018
Michael David Siegel's answer
If you have the standard store lease, you owe the amount in the lease. Do not risk eviction over $1200. While it is not a default, now that it has been demanded, you owe it. If you pay, get a letter that explains the deal and that there is no default.
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Q: Need clarification on wording of real estate legal agreement

1 Answer | Asked in Real Estate Law for New York on
Answered on Jul 17, 2018
Michael David Siegel's answer
It depends what the documents say, and when the deed was recorded. The "agreement" may not be enforceable depending on how it was drafted. Also, does your mother have an estate. If not, you should be administrator to cut off your sister from doing so.
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Q: i own house with boyfriend, he’s on mortgage I’m not. Both on deed joint tenants. I want to sell and leave, can he sue

2 Answers | Asked in Real Estate Law for New York on
Answered on Jul 16, 2018
Michael David Siegel's answer
You can sue in what is called a partition action, where the court forces a sale. If you leave and no one pays the mortgage, the equity will soon disappear. If you are not on the mortgage, you cannot be sued to pay anything.
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Q: My father bought my husband and I a house under his name. We want it under our name and plan to pay him back. Advice.

2 Answers | Asked in Estate Planning, Contracts and Real Estate Law for New York on
Answered on Jul 15, 2018
Michael David Siegel's answer
You can record a deed to you and your husband and a mortgage to your father. The issue is that New York has a steep mortgage tax, so the amount of the mortgage will be critical.
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Q: Can a beneficiary of an trust Estate received information of a LLc in an estate and trust of deceased family member?

1 Answer | Asked in Estate Planning for New York on
Answered on Jul 15, 2018
Michael David Siegel's answer
No. You need what are called limited letters.
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Q: after 20 years how do i get it removed from my properity? lien on my home in albany ny

2 Answers | Asked in Real Estate Law for New York on
Answered on Jul 14, 2018
Michael David Siegel's answer
It depends on the type of lien and the status of the underlying claim that caused the lien.
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Q: I fell behind on my mortgage payments, and my lender wants to foreclose !

3 Answers | Asked in Bankruptcy and Foreclosure for New Jersey on
Answered on Jul 14, 2018
Michael David Siegel's answer
I am not sure why this is an issue. Amend your plan to show the new numbers and make the payments.
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Q: if an individual in NYS makes out a will and has no living parents, spouse, siblings or children, is it true that his

1 Answer | Asked in Estate Planning for New York on
Answered on Jul 13, 2018
Michael David Siegel's answer
Not exactly. Genealogical information is on all petitions. When first cousins are next of kin the court requires a geneological search.
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Q: My aunt filed a will in North Carolina, but lived and died in New York.I am named as beneficiary. Where is probate filed

1 Answer | Asked in Probate for New York on
Answered on Jul 13, 2018
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Q: What constitutes "doing business as"?

1 Answer | Asked in Business Formation for New York on
Answered on Jul 12, 2018
Michael David Siegel's answer
A d/b/a is something you get from the Secretary of State. Doing a real estate business in your own name is not the best plan.
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Q: Wedding photos questions

1 Answer | Asked in Contracts for New York on
Answered on Jul 10, 2018
Michael David Siegel's answer
You are lucky to find the digital copies. This guy owes you nothing. Pay the $500.
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Q: I have an old 2009 case I re-opened for non-payment. Hired a PI to find person, learned they moved to Virginia ~2yr ago

1 Answer | Asked in Civil Litigation for New York on
Answered on Jul 10, 2018
Michael David Siegel's answer
You cannot add this to the judgment without a motion in New York. Honestly, it is a big bureaucratic process, and you will only get it if the contract you are suing on has costs of collection included. If this is not a contract case, you will not get it.
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Q: Does filing a personal bankruptcy affect my ability to launch a business (getting loans, etc.)?

1 Answer | Asked in Business Formation for New York on
Answered on Jul 9, 2018
Michael David Siegel's answer
As loans are governed by credit ratings, and a bankruptcy will appear on your credit report and lower your credit score, the answer is yes.
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Q: How do UCC statements affect the running of a business?

1 Answer | Asked in Business Law for New York on
Answered on Jul 9, 2018
Michael David Siegel's answer
They are just security interests, so they don't really.
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Q: If I won my trial court case and the defendant decides to appeal, does that delay my ability to receive a monetary award

1 Answer | Asked in Appeals / Appellate Law for New York on
Answered on Jul 9, 2018
Michael David Siegel's answer
Collection of a trial court judgment on appeal is only stayed if the defendant posts a bond in the amount of the judgment during the appeal. Otherwise you can collect.
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Q: What is probate? Who can probate a will? Can you object to who does the probate of a will?

2 Answers | Asked in Probate for New York on
Answered on Jul 6, 2018
Michael David Siegel's answer
Anyone with the original will can probate it. Probate is opening a case in Surrogate's Court in the county of the decedent's residence at death.
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Q: My credit card company keeps trying to collect on a purchase I made that the merchant claims they never received. Do I

1 Answer | Asked in Consumer Law for New York on
Answered on Jul 5, 2018
Michael David Siegel's answer
Refuse to pay and dispute in writing.
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Q: I really need a clean slate from my student loans. Under what circumstances can I get them wiped out in bankruptcy?

2 Answers | Asked in Bankruptcy for New Jersey on
Answered on Jul 5, 2018
Michael David Siegel's answer
As a practical matter, none.
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