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Questions Answered by Michael David Siegel
3 Answers | Asked in Banking and Real Estate Law for New York on
Q: If there is a sole borrower on a mortgage, but multiple on deed is it legal for the borrower to be removed from deed ?

A father bought a house. Signed a portion of the deed over to two children causing 3 people to be on the deed but dad was sole borrower in mortgage . Dad gets sick … kids removed him from deed without his knowledge but he is sole borrower on mortgage. Will bank holding mortgage have an issue... View More

Michael David Siegel
Michael David Siegel
answered on Apr 3, 2023

While it is clearly a default to change owners, the mortgage company will not care as long as it gets paid. Also, it is impossible to remove someone from a deed without their knowledge. The only way to be removed from title is to sign a deed, which is an acknowledged document.

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1 Answer | Asked in Civil Litigation, Environmental and Small Claims for New York on
Q: There's a small furniture store that has been running a loud generator and disturbing the neighborhood in their alleyway

My backyard and home is directly next to the alleyway. They have been running the generator since October 2022, its loud and annoying and is usually on for 7-8 hours daily. The odd thing is, the store is usually closed but the generator is turned on daily. I have lived in my home for nearly 30... View More

Michael David Siegel
Michael David Siegel
answered on Apr 1, 2023

Call 311 in NYC. The Department of Buildings can issue a violation.

1 Answer | Asked in Civil Litigation, Collections and Contracts for New York on
Q: How do I create a motion to dismiss in NY based on a time lapse of 13 yrs (dormancy) with regards to a rental contract?

Had an agreement with an apartment complex back in 2010. Moved out and didn’t hear from them for quite sometime.

All of sudden started being harassed by a debt collection agency. Asked for them to produce a right of ownership of debt and written contracts. They were unable to do... View More

Michael David Siegel
Michael David Siegel
answered on Mar 29, 2023

You did not state the reason for the failure of your defense, but you are not handling this correctly, and you should really talk to a lawyer if the sum being sought justifies it. You should answer to avoid default, and not re-make the same motion you already lost. Service issues are not relevant... View More

3 Answers | Asked in Consumer Law for New York on
Q: Provider stored my credit card info w/out my permission and charged it months later w/out my authorization. My rights?

In 9/2022, my son had root canal therapy. He was covered by two insurances at the time so I had a small deductible which I paid at the counter with my credit card.

Months later I received 1st invoice from the endodontist for $1,007, stating our second insurance denied the claim. I... View More

Michael David Siegel
Michael David Siegel
answered on Mar 29, 2023

Initiate a chargeback with your bank. Make sure you do it within the required time.

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2 Answers | Asked in Real Estate Law for New York on
Q: Who is responsible for property taxes and home insurance when a tenant in common passes away and a life estate exists?

My parents purchased a multi family property with my aunt years ago as tenants in common. My parents created a life estate with me for their portion of ownership and my aunt created a separate life estate with her children for her portion of the home. My parents passed away so I acquired their... View More

Michael David Siegel
Michael David Siegel
answered on Mar 28, 2023

Yes, it is shared. But, you need to bring a partition action in Supreme Court if you want something to happen here.

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2 Answers | Asked in Estate Planning, Real Estate Law, Elder Law and Probate for New York on
Q: What needs to be done when there's a life estate on a property, the life tenant dies & owes $ to a rehab nursing center?

Hello,

My father died in early January of this year. He held a Life Estate on his home and my sister is listed as the remainderman on the deed. We filed the death certificate with the Town of Riverhead.

My father owes a large sum of money to the rehab nursing center he was in when... View More

Michael David Siegel
Michael David Siegel
answered on Mar 28, 2023

Once the life tenant dies, the property passes by operation of law to the stated remainderman. Thus, the property is not in your father's estate. The issue is who is responsible for the bill. Usually, someone would sign the admission agreement. If it is you or your sister, they will come... View More

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4 Answers | Asked in Contracts and Real Estate Law for New York on
Q: Does my boyfriend have a claim to a house deeded to me?

I purchase a house fresh out of college. It is deeded to me; my boyfriend co signed on the loan. We broke up and I asked him to move out. For 2 + year, he contributed $200.00 to monthly expenses, while I paid the taxes, furniture etc. He now wants 50,000 from me. AM I wrong given the house is... View More

Michael David Siegel
Michael David Siegel
answered on Mar 23, 2023

Based on your post he would not have an interest in the house, and not have a claim for $50,000. He would need to show the money he paid was a loan to you, and not a gift, or rent. The burden is on him.

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2 Answers | Asked in Consumer Law, Collections and Bankruptcy for New York on
Q: I just received in the mail sheriffs income execution.

I received in the mail today and income execution for my paycheck for a debt from 2014. I have never received anything from this debt. No PaperWorks no phone calls. Also it was for a vehicle that I had $3000 balance on but was totaled out and the insurance paid when my car got stolen. Also, this... View More

Michael David Siegel
Michael David Siegel
answered on Mar 21, 2023

Judgments are good for 20 years. Your only option is to try to vacate the judgment, which requires a motion. Cost and likelihood of success depend on which court issued the judgment.

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1 Answer | Asked in Estate Planning for New York on
Q: Can I, as executor of a will, withhold funds from a financially irresponsible beneficiary with a mental disability?

The beneficiary has been bilked by online scammers more than once for upwards of $30,000.

Michael David Siegel
Michael David Siegel
answered on Mar 17, 2023

No. However, if the person is willing to cooperate, they can put the money in a trust that is scammer proof. If they are not cooperative, they are an adult, and you cannot control them over the wishes of the decedent.

1 Answer | Asked in Estate Planning and Probate for New York on
Q: The executors for sister declined. There are 3 remaining sisters who are the beneficiaries. Two have agreed. Ok?

The third has verbally agreed but has not signed letter naming the successor trustee.

Michael David Siegel
Michael David Siegel
answered on Mar 16, 2023

There are forms for all of this. Not an unusual situation. If someone is not willing to sign the form, a citation must be issued upon a petition.

3 Answers | Asked in Contracts, Copyright and Intellectual Property for New York on
Q: Do I own the artwork after paying a "boardwalk artist" for my caricature?

I paid the artist for my caricature, and (because I have a sense of humor) I later decided to use it in my online marketing materials. Do I need his permission? And since he signed the work, must I include his signature when using the work?

Michael David Siegel
Michael David Siegel
answered on Mar 15, 2023

Based on your post, you own the work and do not owe any royalty.

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1 Answer | Asked in Landlord - Tenant and Real Estate Law for New York on
Q: I have a month to month lease in a commercial space. Can I leave with less than 30 days notice to landlord?

I have a 6 month trial commercial lease. Started Dec1, 2022. With a three month guarantee and there after month to month basis. After June 2023, it would renew if no notice was given within 30 days from tenant to be a year lease. I would like to leave at the end of March 2023 today I would like to... View More

Michael David Siegel
Michael David Siegel
answered on Mar 14, 2023

The terms seem a little unusual, but whatever you agreed will govern. If the lease is month to month, no notice is required as a matter of law. Just do not pay April, and leave by March 31. However, if your document requires something different, that will govern.

1 Answer | Asked in Employment Law, Tax Law, Business Law and Collections for New York on
Q: can the dept of labor come after me personally for judgement against non operational s corp in NYC?

I had an S corp in queens NY and there was a judgement against the company from the dept of labor for unemployment insurance during years the company was not in operation. The judgement is in the sum of $3700, can they come after me personally? Also there is another judgement against the company i... View More

Michael David Siegel
Michael David Siegel
answered on Mar 12, 2023

You definitely have personal liability for both judgments if they pursue you. I am not sure if the judgment is in your name or not. If not, there would need to be a new suit to make you responsible, but you would lose the suit.

2 Answers | Asked in Estate Planning, Elder Law and Probate for New York on
Q: Lawyer has been informed by Medical Examiner of death, yet refuses to release Will - can he do this?

He says he needs “formal notice” - ME won’t release body without proof I’m executor (ie, the Will) so I cannot get a death cert or anything. I’m stuck as I need the Will to get the death cert, make arrangements, get access to apt., etc.. Can the lawyer be made to release the Will to me??... View More

Michael David Siegel
Michael David Siegel
answered on Mar 10, 2023

It is weird. But, the workaround is to file for limited preliminary letters of administration, with a request for relief to get the other documents. Or, the lawyer can just file the will with the court directly, and you can get a copy.

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3 Answers | Asked in Foreclosure and Probate for New York on
Q: Good evening is it possible to have a deed for a house with 2 people but one gets a secured loan. Now the kids are liabl

My mom took out a loan without my dads consent m. They are both deceased and we are liable

Michael David Siegel
Michael David Siegel
answered on Feb 25, 2023

You are only liable if you want to keep the house. You are not personally liable.

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2 Answers | Asked in Employment Law for New York on
Q: fired from my job over a personal matter in a family company, given three month’s severance and refuse to pay last month

Can I take legal action?

Michael David Siegel
Michael David Siegel
answered on Feb 14, 2023

It depends on your written agreement. If none there's probably no case.

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2 Answers | Asked in Real Estate Law and Estate Planning for New York on
Q: My grandparents died and the house is still under their name, I need to put the house in my mother's name.

I also have to change the electric and water to her name and was told I needed an Affidavit.

Michael David Siegel
Michael David Siegel
answered on Feb 7, 2023

A little more complicated. Assuming the house was held by your grandparents as husband and wife, you need to make an estate for the second to die, and then have your mother be conveyed the house as next of kin. If she has siblings, they need to sign off.

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1 Answer | Asked in Contracts, Employment Law and Business Law for New York on
Q: Can a consultant sign documents on behalf of their client?

Assume a consulting agency is providing consultants to a client in order to complete a project. Due to the nature and duration of the project, the client wants to use the consultants/independent contractors to temporarily augment their staff. This may require, depending on the role the consultant... View More

Michael David Siegel
Michael David Siegel
answered on Feb 6, 2023

A corporate resolution authorizing signature on whatever needs to be signed.

1 Answer | Asked in Consumer Law and Small Claims for New York on
Q: I was Romanced scammed to cash a check, and now the bank is after me
Michael David Siegel
Michael David Siegel
answered on Jan 8, 2023

While you can file a criminal complaint against the scammer, as to you and the bank, you will owe this money.

1 Answer | Asked in Business Law and Contracts for New York on
Q: What should I do if my business partner is running a ponzi scheme and owes money on a credit card that is under my name?

I tried reach out but he does not pick up my calls. He has scammed other people including my brother which he still owes money to as well.

Michael David Siegel
Michael David Siegel
answered on Jan 8, 2023

A ponzi scheme is a crime. You must make a complaint to the DA.

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