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Questions Answered by Michael David Siegel

1 Answer | Asked in Banking, Federal Crimes and Identity Theft for New York on

Q: I was a victim of identity theft. bank where card was opened is refusing to send me documents I am legally entitled

Is there any legal recourse? The bank has been dishonest multiple times, I have by mail requested the application which they approved in my name (spelled incorrectly and wrong mothers maiden name etc) and they are refusing to send me the application. According to government websites they cannot... Read more »

Michael David Siegel answered on Jul 21, 2019

The bank is right. If the card was canceled you have no damages. If you made a police report, then the police investigate the account, not you. The bank records are not yours, by your own allegation. You can sue and do a subpoena, but I am not sure what the suit would be claiming.

1 Answer | Asked in Business Formation and Business Law for New York on

Q: Does a band under an LLC have to file a new LLC (i.e. foreign qualification) in every state they play a concert in?

Michael David Siegel answered on Jul 19, 2019

The short answer is no. But, there are tax issues in each state, and the matter will turn on the manner of payment. The most famous case on this involved the State of New Jersey against Lawrence Taylor the football player. The state sought to recover taxes for each game day in NJ based on his... Read more »

1 Answer | Asked in Real Estate Law for New York on

Q: I have a question about a lease and a property changing ownership

I have been on a month to month lease in NY in an apartment since December of 2018, and recently the owner sold the building to new owners. As I understand the closing is on July 26. The new owners are saying that I did not provide them with 30 days of notice that I was leaving the property due to... Read more »

Michael David Siegel answered on Jul 17, 2019

If it is a month to month lease, you do not need to give notice. The people are lucky you are leaving without a fight. They would probably pay you to leave.

4 Answers | Asked in Bankruptcy, Foreclosure and Probate for New Jersey on

Q: What can I do to stop foreclosure on the house and settle parents' estates w/o taking on responsibility for their debts

that could potentially affect my credit. Both parents died in 2017 with NO wills. They both have massive amounts of medical debt and there is a mortgage on the home. I'd prefer not to move from the home and am named as an heir by the mortgage company (and named resident) and am contemplating... Read more »

Michael David Siegel answered on Jul 16, 2019

You can just pay the mortgage. The bank does not care where the cash come from. As to the debts, you are not liable personally. If the debt exceeds the asset value of the estate, there is no benefit to an estate.

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1 Answer | Asked in Identity Theft for New York on

Q: What kind of attorney should I seek for a theft in my apartment, when a cleaning company sent a cleaning lady

Grand Larceny, reported to police.

Michael David Siegel answered on Jul 15, 2019

How much was stolen and what is your proof the cleaning lady did it and of the value of what was taken.

1 Answer | Asked in Foreclosure and Landlord - Tenant for New York on

Q: Why is my name appearing as a defendant in my landlords foreclosure lawsuit? And do I need to worry?

For 5 years A friend and I rented a couple rooms at house owned by another friend to assist with the mortgage after her husband left. The three of us lived in the house together. We did not have a lease and paid cash every month. I am aware of the big mistake this was. Two years, just before I... Read more »

Michael David Siegel answered on Jul 15, 2019

What I cannot understand from your post is whether you are on the mortgage or not. You could be named as a tenant, in which case you can ignore it. But if you are obligated on the mortgage debt, then you need to get involved.

2 Answers | Asked in Contracts for New York on

Q: Hello My husband co-sign on his cousin house. He was told the contract was for a yr. how he take himself out of it?

He was told it would only take a year to take him out of contract. It was done as a favor for his cousin. It’s been more than 6 years and it’s affecting his credit because the mortgage is not always paid on time by his cousin. My husband does not live on the house or contribute in any kind. He... Read more »

Michael David Siegel answered on Jul 13, 2019

Unless the cousin refinances to take him out, he does not get out of it.

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5 Answers | Asked in Bankruptcy for New Jersey on

Q: I live in New Jersey and own a home. I would like to know if I file bankruptcy if I would lose my house?

Michael David Siegel answered on Jul 13, 2019

It depends on what it is worth, how many people are on the deed and what liens exist against it.

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1 Answer | Asked in Real Estate Law for New York on

Q: Hello, my husband and I wish to sell our home to our daughter and husband. How do we go about doing this economically?

We wish to avoid high closing costs, etc. A friend mentioning a term "Quick Clean" - we are not familiar with this term. Any help you can give us would be most appreciated, thank you very much.

Michael David Siegel answered on Jul 12, 2019

Your friend is wrong. He is suggesting a "quitclaim" deed. That deed will screw up title, and make it harder for your kids to sell or refinance. Also, is it a gift or a real sale? The cheapest way is not always the best way. You can do it is a gift, but there might be tax issues. Again, it... Read more »

2 Answers | Asked in Estate Planning for New York on

Q: My 86 Yr. old father inherited a $50,000 annuity and we need to decide what option to take the funds.

He has dementia and will be going into a nursing home shortly. One of the available options is to annuitize for 5-30 years. If we choose 30 years, will it be protected from Medicaid?

Michael David Siegel answered on Jul 12, 2019

Do a supplemental needs trust. We charge $1750. It will protect it from Medicaid.

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2 Answers | Asked in Contracts and Real Estate Law for New York on

Q: a active land contract with mistakes, (1) recorded the deed (warranty deed) clear in my name. no mrtge, do i still owe ?

warranty deed with lien covenant with original grantor signed and myself as grantee. Clear title warranty stated. the date on the deed which is officially recorded states 2008 the document was created and recorded on 2018 (2nd mistake). it is a land contract that im paying on but no lien or... Read more »

Michael David Siegel answered on Jul 12, 2019

Land contracts are generally scams. To answer this question I would need to see the deed document. While other documents not recorded cannot bind third parties, you could still be bound if they sued you.

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2 Answers | Asked in Real Estate Law for New York on

Q: I received a Buildings Department complaint about an illegal basement apartment being rented.

First I have no tennant's. Secondly I the owner occupy the apartment and have been for almost 30 years with no complaints. When my parents and aunt & uncle purchased the house the apartment was already there from the previous owner. When the previous owners purchased the house from the original... Read more »

Michael David Siegel answered on Jul 11, 2019

Do the inspection but make sure you have no violations. If you have no tenants and are not using the basement in violation of the C of O for the building then you will be OK.

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1 Answer | Asked in Business Law, Contracts and Small Claims for New York on

Q: If I have a signed but undated loan contract (with myself being the lender), how can I prove my case in court?

Michael David Siegel answered on Jul 9, 2019

Prove the advance of funds. There should be a date on the check.

1 Answer | Asked in Consumer Law and Antitrust for New York on

Q: Are there any drawbacks that may arise post-judgment if a suit is brought and won in the US against non-US defendants?

Michael David Siegel answered on Jul 9, 2019

Yes. You won't be able to collect your judgment.

2 Answers | Asked in Real Estate Law for New York on

Q: I would like to know if I need to amend the current deed to my home?

Currently there are 3 persons listed on the deed in which I am one. The other 2 persons listed, my mother and my aunt are now both deceased.

Michael David Siegel answered on Jul 8, 2019

It depends on the way the deed was drafted.

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1 Answer | Asked in Real Estate Law for New York on

Q: Who is entitled to the money from the sale of our house of my husband and his deceased wifes name are on the deed?

They have one child together. She has be deceased for 20 years. And can we use the money from the sale of the house to buy another house, but only in my name.

Michael David Siegel answered on Jul 7, 2019

I would have to see the deed but I am most certain it is your husband who owns the house. How the proceeds are cut is up to him at the closing.

1 Answer | Asked in Civil Litigation for New York on

Q: My mother died in interfaith hospital in 2006 and there was a lawsuit pending. How can I locate the information

While she was being treated for cancer the ceiling collapsed on her.

Michael David Siegel answered on Jul 6, 2019

It should be searchable online, but you can go to the court and speak to the clerk.

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Probate for New York on

Q: My friend’s common-law husband died and left his rent stabilized apartment to her in his will. The building is a co-op.

A squatter has been there for three months. Does she have rights? What can she do?

Michael David Siegel answered on Jun 30, 2019

If it is not her primary residence the rent stabilization law causes the apartment to be lost. The landlord will evict the occupant. You cannot transfer rights like this by will.

1 Answer | Asked in Consumer Law, Identity Theft and Small Claims for New York on

Q: I was a victim of a credit card scam where my laptop was stolen what can I do?

I lost both my laptop and the money that was my paid to me due to a fake credit card through facebook marketplace. I know the real name of the person who stole from and his facebook and Instagram accounts. What can I do?

Michael David Siegel answered on Jun 28, 2019

Go to the police. Make a report with all the details. Then, report it to the credit card company. You will be asked to do a fraud affidavit.

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