Lawyers, Answer Questions  & Get Points Log In

Questions Answered by Michael David Siegel

4 Answers | Asked in Bankruptcy for New York on

Q: Can the bank report a deed in lieu as "settled" on my credit report, even though my late payments have fallen off?

I bought a home in 2010. Because I was a Marine until recently, they were unable to foreclose and the account with the late payments fell off in 2017. I am now doing a deed in lieu of foreclosure. Can the bank still report it as a "settled" account even though the original account fell off?

Michael David Siegel answered on Jun 3, 2019

Yes, and that is the correct reporting.

View More Answers

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

Q: How long does a judgement stay on a property in new York state?

Michael David Siegel answered on May 31, 2019

It is a lien for 10 years from the entry of the judgment.

2 Answers | Asked in Contracts for New York on

Q: Is quantity an essential term in a contract for the sale of goods in New York?

Michael David Siegel answered on May 31, 2019

Yes, if the claim is for a certain quantity being required. A contract could set a price, but not require any actual sales.

View More Answers

1 Answer | Asked in Identity Theft and Social Security for New York on

Q: Should papers with a persons SSN be destroyed even if they have passed on long ago?

I found a quantity papers relating to my grandparents. I assume old utility bills and store receipts may be discarded for recycling. However, many papers are tax returns or letters of communication with Social Security . Could these be used for identity theft even though the people involved have... Read more »

Michael David Siegel answered on May 30, 2019

There is no harm. They are marked as deceased on credit reports and social security.

1 Answer | Asked in Civil Litigation for New York on

Q: Can I get judgement in NYC Civil Court thrown out based on what I think is unprofessional and biased behavior by judge?

During my civil court trial in Manhattan on 5/17/19, the judge was yawning the entire time of the trial. We were also never sworn in before. When I was giving my testimony, she repeatedly cut me off and was abrasive and dismissive. At one point, the judge replied: what's to say you don't have... Read more »

Michael David Siegel answered on May 30, 2019

So this is one of those times you should have had a lawyer instead of doing it yourself. You can appeal, but factual determinations are only overturned on an abuse of discretion, which is very hard to show. Also, to appeal, you would need to order the full transcript, which will be several... Read more »

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

Q: Starting a sole proprietor pet sitting business. Do I need a DBA and/or EIN?

I will be operating under a different name than my legal name and will be hiring independent contractors.

Michael David Siegel answered on May 28, 2019

If you are using a name instead of your own, you definitely should have it registered as a DBA. While you do not have to incorporate, if you are hiring people, you should. One is not necessarily an independent contractor just because you say so.

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

Q: Can I record a residential lease (14 month term) in Tompkins County land records?

Landlord may be selling house and I want any buyer to be on notice of and subject to the existing lease.

Michael David Siegel answered on May 24, 2019

The short answer is yes. The long answer is that sales are always by law subject to residential leases. You cannot be evicted. Thus, you do not have to record it.

1 Answer | Asked in Identity Theft, Real Estate Law, Family Law and Personal Injury for New York on

Q: This Stranger took us to court for possession of our house and lost. Judgement was decided against her.

8 months later because she saw boards on our house she stole all the contents, ID's then changed deed to her name. Stranger not heir.

Michael David Siegel answered on May 20, 2019

This appears to have civil and criminal components. Call the police to report what happened. Then you can consider suing the person for damages. A deed change requires a Supreme Court lawsuit.

1 Answer | Asked in Probate and Estate Planning for New York on

Q: My co-worker significant other died without a will. Who owns their camp? He has 4 adult children.

His brother is trying to say he owns the camp

Michael David Siegel answered on May 20, 2019

When you say camp, do you mean a business that is a camp for kids? His kids inherit his estate, not his brother. But a business is likely incorporated, and the corporate papers will govern what happens to your friend's share.

1 Answer | Asked in Consumer Law for New York on

Q: Yesterday, May 18th, I went to a local Nissan dealer and did paperwork for a new SUV. No money was exchanged as I am to

return tomorrow with a 500 dollar check so the process to locate my desired SUV can begin. I realized when I got home that the "deal" I was given was no deal at all. I am a diabetic and yesterday my blood sugar levels were so low I could barely think straight. I either want to re negogiate the... Read more »

Michael David Siegel answered on May 20, 2019

No. You can cancel in writing. Make sure you write a cancelation and proof of delivery today.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on

Q: How can I respond to my landlord's 30 day to terminate my lease to request more time to move out?

My lease is month to month ending May 31st and I would simply like more time until July 1st . I do not wish to pursue any other legal action against them but simply want more time. Is this something that I should request via a lawyer?

Michael David Siegel answered on May 16, 2019

You will get more time by virtue of the fact they have to sue you after the notice runs to get an eviction. To get more time, you can adjourn the case. I am talking an extra month or so, not more.

View More Answers

1 Answer | Asked in Contracts for New York on

Q: If someone signs a contract to work somewhere for 1 year but after signing, changes it to 2 years but then gets let go

After 13 months what are the legal issues involved.

Michael David Siegel answered on May 15, 2019

It would depend on the terms of the contract and the reasons for termination.

1 Answer | Asked in Probate for New York on

Q: Can someone tell me what this says in non-legalese?

This paragraph appears in my last will and testament:

I direct that all estate, succession, inheritance, transfer, legacy, or other death taxes imposed by the laws of the United States or any state thereof upon any property constituting a part of my gross taxable estate or upon any... Read more »

Michael David Siegel answered on May 14, 2019

If there is not enough money in the estate to pay taxes, people who got other property have to pay in proportion to what they got.

1 Answer | Asked in Probate for New York on

Q: my mom passed but left a letter stating my dad gets the house her and a house in alabama is this a legal document

this was not witnessed or notarized meant Step dad they were married 45 yrs

Michael David Siegel answered on May 13, 2019

No. But you and your stepdad can work it out between you if you agree. If not, you get half and he gets half, but you need to form an estate.

1 Answer | Asked in Criminal Law, Estate Planning, Real Estate Law and Civil Litigation for New York on

Q: Stranger has her name on the deed illegally after judgement

Erected a fence recently barring me from entering my own family property

Michael David Siegel answered on May 11, 2019

If the name is on the deed, she is not a stranger. Whether it got there legally is the question. I do not understand the judgment point.

2 Answers | Asked in Probate and Estate Planning for New York on

Q: What should I do with old insurance policies on my grandfather that I found among papers in my parent's estate?

There are three insurance policies, dated 1947, that my maternal grandmother had in which her husband was the beneficiary. In the event of his decease, the benefit would go to her eldest son. That son is also deceased, as are all the other children of my grandmother. However, the wife of that uncle... Read more »

Michael David Siegel answered on May 11, 2019

Call the companies and see if they were cashed in. Likely they were. You do not need to show an actual policy to cash in.

View More Answers

1 Answer | Asked in Contracts for New York on

Q: What governs a storage unit contract under NY law?

Have a storage contract that automatically renews after 1 yr. Need to cancel contract but landlord doesn't want to release it until October 2019. The contract has been automatically renewing since 2007. There is a clause that contract can be canceled at anytime with 60 days advance notice. Is... Read more »

Michael David Siegel answered on May 10, 2019

If the contract has a 60 day notice clause that governs. The GOL is not relevant to this issue.

1 Answer | Asked in Family Law and Education Law for New York on

Q: I have an ACD for my daughter missing too many days in school due to metal health issues. They keep violating me.

She is almost 16. (5 months) and now wants to drop out due to the legal pressure and due to her mental health. Can they still keep this case on me if she does? They gave me educational neglect! This is all mental health related so why is it a crime against us? Also, They did not give her an IEP. I... Read more »

Michael David Siegel answered on May 9, 2019

Why is it a crime? Because that is how the system works. If she has an IEP, you need to call an emergency CSE and get placement so there is no neglect. If she has no IEP, you must demand an immediate educational evaluation. Then, do whatever they say to save yourself. On dropping out, it is... Read more »

1 Answer | Asked in Business Formation for New York on

Q: Does a private C Corporation have to issue stock?

I have a small company that's registered as a C corp. Does it need to issue stock? If not, am I still considered the main shareholder?

Michael David Siegel answered on May 6, 2019

Someone has to be a shareholder. It is disclosed on the tax return. Thus, your question makes no sense.

1 Answer | Asked in Civil Litigation for New York on

Q: What to do with Court order with multiple clerical error and parties not being named in distribution amounts?

Court Order was received a few days ago re distribution amts. to the parties. Plaintff now represented by his estate, no mention of estate in the Order. Distributions are to "plaintiff" and "defendant". Also, parties were given an initial distribution amt of $10,000.00 each, the Order... Read more »

Michael David Siegel answered on May 4, 2019

File a motion for reconsideration based on error. An appeal will not likely succeed as if the court intended the wrong result, the wrong result will stand.

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.