Divorced, haven’t lived in home for 4 years. Ex promised she would refinance, she hasn’t and won’t, mortgage company states that an assumption of mortgage cannot be done. There is no divorce decree, everything was settled privately, I took her at her word that she’d refinance . I want my... Read more »
I don't do matrimonial law, but I don't understand how you could be "divorced" without a Judgment of Divorce and Decree that adjudicates the sale of the house. You should be enforcing your rights through the divorce decree. Go to the attorneys and start an action to enforce the agreement.
now im getting a big bill for charges acrrued due to searches in regards to title transfer.tax ,title ,minicipal and judgement. i have lost everything and have become a single unemployed mother because of this real estate thing and can not pay any more for a house that i did not buy
I am sorry your deal did not occur. Although it is difficult to tell from your post, it sounds as though you were the "buyer" of real property in New York. As your attorney likely told you, New York is a caveat emptor (buyer beware) state. That means, between you, your inspectors, your title... Read more »
Say there are supposed to be 1.5 bathrooms but instead there are 2? What will happen when the bank appraises it for a mortgage?
In my view, the issue is not what the bank thinks, but whether there is a Certificate of Occupancy or other governmental approval for the bathroom "improvement." You should check with the building department of the local municipality to be sure that there are sufficient C/Os for the improvements... Read more »
You should hire a lawyer to defend you from any such litigation (you say you are "sued"). You should not default in any litigation.
Her children refuse to honor a mortgage debt of 70,000 to me. What can I do? The mortgage was recorded.
Assuming that the mortgage was properly executed, you can foreclose on the Mortgage and you can also likely make a claim to the Estate for the Purchase Money Note that was likely signed at the the time.
I live on a lake and have a webcam in my window that shows my yard and the lake. It also shows mine and my neighbors dock. The docks extend out to the water from the two lots. Cam can be viewed on my website 24/7. My neighbors have asked me to move the camera when they are home on the weekends... Read more »
There are two layers to this question, the legal and the practical. From a legal perspective, I am unaware of any rule, regulation, or other law that prohibits your camera's view. From a practical point of view, do you really want to pick this fight with your neighbors? We all have to live in... Read more »
Small claims court will only take cases in which both parties live or do business in that town. Can a tenant sue in small claims court a landlord living in NJ but owning a house in a town in NYS?
I would check with the Town Justice Court, but my guess is that if you list the address of the house (owner) and the address in NJ, you will get the case started, and the Landlord will appear
Don't understand the question. If the house "closed" it closed, and the buyers would be fixing it themselves.
If the contract called for certain repairs, then the Seller would be paying.
Pretty much only in reported cases from the Appellate Division.
Mother & aunt are 50/50 owners & aunt keeps denying us & potential buyers to inspect. Have been trying to sell property for past 3 years. We have not been able to see inside for 10 years now. We would like her to comply or buy out my mother's half of value of premises.
You may file a "Partition Action," to force a judicial sale. That often results in negotiations.
Peter
My father passed away and left everything to my step mom thinking she would help my brother and I but she totally ignores us and is planning on giving everything to her children. I've recently been contacted by a lawyer asking my to sign a paper so she can sell the brownstone in brooklyn I refused... Read more »
You are likely being asked to consent to probate of the will, or if no will, to the administration. If the will actually left everything to the step mom, and there are no grounds to contest the execution or validity of the will, then you likely will have no right to share in the proceeds of the... Read more »
You should send a written letter to her demanding a copy of your file, and you should pick up a copy of your file
If she doesn't respond in a reasonable time, you may file a complaint with the local Disciplinary Committee.
Give her the benefit of the doubt and call a few more times.
attorney, based on what he calls my "bloodline power of attorney",so he can access her storage unit. Can he apply instead to be volunteer administrator of her small estate, without my involvement? As of yet, no paperwork has been filed and no one is officially in charge of her estate. My... Read more »
Cant you help him in your time of loss with an Affidavit of Small Estate
He does not have the right to do it, and it costs only $1 to file with the appropriate Court
You need to do it because you are the heir
https://www.nycourts.gov/courthelp/diy/smallEstate.shtml
My husband and I have been preapproved for a Mortgage through Quicken Loans. My realtor said that she refers all of her clients to a Banker that she knows because she and former clients have had bad luck with QuickenLoans. We asked her to put our offer in anyway b/c we had already done the... Read more »
You have the right to complain to the local real estate board for which she is a listing agent. I think she sounds rather unprofessional, and would consider her disclosure of personal information a breach of ethics.
Does mortgage come out of his estate or us my sister responsible??
Sister owns house but house encumbered by mortgage. Depends upon will, but if she doesn't pay mortgage, the Estate is going to be embroiled in a Foreclosure battle, which no one wants. Here is a good article.
http://homeguides.sfgate.com/happens-mortgage-mortgagee-dies-43271.html
Assuming that this a private transaction between Landlord (owner) and Tenant (renter), I would say, "NO."
Good luck,
Peter
Also, what happens if he is sick for some time at the end of his life and ends up owing money because of that? Can they come after the house for unpaid bills? The house has no mortgage. I have lived in the house for 12 years and have paid all bills and property taxes and all is up to date. My... Read more »
Would be helpful to review the deed but if you owned it as joint tenants with rights of survivorship it automatically transfers to you
If you own it as tenants in common and your father has a will the answer may change. I would recommend an attorney look at the situation.
Hire a lawyer, do a deed, not a difficult process
Do you have letters of administration?
Peter Klose
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