Questions Answered by Michael David Siegel

Q: Can a daughter of a pastors wife obtain a church with a durable power of attorney in New York?

1 Answer | Asked in Contracts, Estate Planning and Elder Law for New York on
Answered on Mar 14, 2019
Michael David Siegel's answer
No. If the church was a duly formed religious corporation, the bylaws of the corporation govern what happens to its assets.

Q: I filed a mechanics lien in ny state. The recipient refuses to sign for it. Is it still considered valid?

1 Answer | Asked in Contracts and Business Law for New York on
Answered on Mar 13, 2019
Michael David Siegel's answer
It must be served. I am not sure what "signed for it" means.

Q: A client signed my contract, gave me a check that bounced and I did some of the work, what are my rights?

1 Answer | Asked in Business Law and Contracts for New York on
Answered on Mar 12, 2019
Michael David Siegel's answer
Under the terms of the contract, assuming you have a right to payment, you can sue.

Q: I am a starting film maker. I have 2 movies with their own LLCs . should I form production holding LLC?

1 Answer | Asked in Business Formation for New York on
Answered on Mar 10, 2019
Michael David Siegel's answer
This is really more of a tax issue than a legal one. Thus, consult an accountant. That being said, I think the LLCs should be separate, and there should be no umbrella for both.

Q: I want to sue a NYS College. I dont know where to begin, can you help

1 Answer | Asked in Contracts and Education Law for New York on
Answered on Mar 7, 2019
Michael David Siegel's answer
To whom do you owe the money? If the school, write a letter denying the debt, and wait to be sued. If the Higher Education Authority or USDOE, then check your credit report and see how it is reflected and reach out to them.

Q: When you get your chp.7 bankruptcy discharge order does that end the automatic stay?

5 Answers | Asked in Bankruptcy for New York on
Answered on Mar 6, 2019
Michael David Siegel's answer
No. Unless relief is granted by motion, the stay ends when the case is closed.

Q: My private mortgage holder refuses to sign an affidavit of lost note but says the originals were lost- what can I do?

1 Answer | Asked in Real Estate Law for New York on
Answered on Mar 5, 2019
Michael David Siegel's answer
You would generally not get back the original note in a real property matter. The payoff letter and satisfaction of mortgage are sufficient. You are raising an issue that is not an issue.

Q: Can US credit card creditors put a lien on a Canadian property?

1 Answer | Asked in Consumer Law for New York on
Answered on Mar 5, 2019
Michael David Siegel's answer
Not without a substantial effort that no creditor ever does.

Q: If a Motion and claims are still being litigated, does the litigation have to be decided before a discharge order could

2 Answers | Asked in Bankruptcy for New York on
Answered on Mar 5, 2019
Michael David Siegel's answer
No. The discharge should be entered 60 days after the creditors meeting if there is no extension of the deadline to object and no objections.

Q: I learned that I am a potential heir to an estate. The estate had a house with a mortgage that ended up foreclosing,

1 Answer | Asked in Real Estate Law for New York on
Answered on Mar 5, 2019
Michael David Siegel's answer
You are not necessarily entitled to notice. A guardian ad litem may have been appointed for unknown heirs. You likely have no claim at this point.

Q: Are landlords legally obligated to provide all tenants 30 days to move out?

1 Answer | Asked in Landlord - Tenant and Real Estate Law for New York on
Answered on Mar 5, 2019
Michael David Siegel's answer
If you signed away your lease rights in an agreement that gave 21 days, the court will likely enforce the agreement.

Q: A chpt.7 referee awarded me homestead exemtion after a referee deed was filed on the property. But before the sale of my

3 Answers | Asked in Bankruptcy for New York on
Answered on Mar 2, 2019
Michael David Siegel's answer
This is a complicated legal issue but if you have an attorney you need to make a motion. The court is not going to just help you.

Q: I’m divorced and the mortgage is in both names. I have made all the payments since the divorce. He wants his name off t

2 Answers | Asked in Real Estate Law for New York on
Answered on Mar 2, 2019
Michael David Siegel's answer
If you are on the deed it cannot be sold from under you. However, he can only be off the mortgage if you refinance in your name alone and he agrees to sign the deed fully to you. Your divorce decree should have specified what happens to the house.

Q: I filed chpt.7 but my automatic stay was removed by the bank, if i convert to a chpt13 do i get a new automatic stay,

6 Answers | Asked in Bankruptcy for New York on
Answered on Mar 2, 2019
Michael David Siegel's answer
No. And your conversion will likely not be granted as you cannot pay the mortgage debt in a Ch. 13 or you would have done so.

Q: I won a settlement. My lawyer died and his son that took over cannot access his bank account how long do I have to wait

1 Answer | Asked in Personal Injury and Banking for New York on
Answered on Feb 28, 2019
Michael David Siegel's answer
Something is not right. You need to contact the bar and file a grievance. This is not how this works.

Q: I am suing a venue for an event I had produced. I live in Queens, do I file in Queens or Fishkill?

3 Answers | Asked in Contracts and Entertainment / Sports for New York on
Answered on Feb 28, 2019
Michael David Siegel's answer
I always recommend suing where the defendant is located. It saves a step in enforcing the judgment.

Q: Bankrupt Rescap failed to file Mortgage Satisfaction for loan pd in 1999, who should we file motion against?

3 Answers | Asked in Consumer Law, Real Estate Law and Civil Litigation for New York on
Answered on Feb 28, 2019
Michael David Siegel's answer
There is a type of Supreme Court case for ancient mortgages like this. It is not a motion but a case.

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.