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Ilooked upcase law in new york Holser v
geerlott 2021 . I hired a guy to cut the trees down and i recieved $1630 dollars for the logs. Now my neighbor had a new survey done and the one stake does not match were my stakes were.I have 7trees then that were cut just over on his line. now... View More 
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answered on Apr 17, 2024
Crazy that you should ask this question right now as a I prepare to go to a full jury trial for the removal of brush on a lot. Google RPAPL 861. The problem is that sometimes you can be liable for trespass, treble damages and punitive damages, depending upon the allegations and proof. You... View More
Do I have to let him in the house when he shows up?
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answered on Jan 31, 2024
There are many "layers" to your question. First, you say "new agreement" -- does the agreement handle this issue. More importantly, do you intend to separate the ownership by doing a "buyout" of his interest. Do you have any legal restraints upon his presence in... View More
Hello - In upstate New York, my uncle was given a life estate for the house he was living in. He has since moved out, allowed the house to fall into disrepair, and refuses to pay the taxes on the property or homeowners insurance which he was supposed to be doing. Does this invalidate his life... View More
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answered on Dec 1, 2024
Life estate deeds can be amended and terminated, but the process is not simple. You need the remainderman’s consent to reverse a life estate deed in New York. The same is true of making changes to the deed. This is why it’s crucial to choose your remainderman wisely. They should be someone you... View More
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answered on Oct 14, 2024
The answer is not clear from the facts you provide. It is hard to speculate as to whether it was effective or not. Was there a will, is the property located in NYS? Who else was named on the deed. . . . you need to pull the deed and speak with a real estate attorney. If there was a will, you... View More
We are concerned that we will find significant issues with the home after we move it but don't plan to move in for a couple years when we down-size our home.
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answered on Sep 5, 2024
Not sure what the law is in Virginia, but generally no (especially in New York). A "Closing" means that the matters are closed. Unless the Sellers affirmatively concealed a defect, which is extremely difficult to prove. Do your due diligence NOW.
My father passed away November of 2023 in the State of New York, Cayuga County. He left no will. He owned a small parcel of land. I am the only next of kin. I went to court and obtained the letters of administration and went to the clerks office. They told me that I had to file a deed form but... View More
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answered on Feb 22, 2024
I would recommend working with a title company to file a deed. If you would like assistance, hire a local real estate attorney or give me a call and I can work with you to get it done.
By signing rental agreement will this hurt my court case for breach of contract
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answered on Feb 8, 2024
Your question is not detailed enough to make a decision and give legal advice. The real estate purchase agreement may have provisions which address this. There are pro's and con's of your course of action. You should consult with a local real estate attorney/litigator because you may... View More
I was charged for the outside lawyer to represent me at the closing.
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answered on Sep 1, 2023
It has been my experience that if you have a "retainer" agreement with the attorney, such agreement often includes language that says that the attorney might associate themselves with others to help you complete your matter. Often real estate closings occur without retainer agreements... View More
My sister is taking financial advantage of my parents. My parents know enough to agree she is but do not want to pursue legal ramifications . My concern is they will not have enough money to live out their years. Most recently my dad was removed from the deed of his second home while in the icu... View More
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answered on Apr 3, 2023
Sounds like you should pursue guardianship litigation, or get a power of attorney from your parents and then sue.
If your parents are letting your sister do it, you may have no grounds though
I got the apartment(lease) by my self and lived there for a year by myself, I put down deposit, I paid a guarantor fee every month, decorated and bought all the furniture, I am doing all the daily maintenance of the Airbnb account and finding cleaner, photograper etc. My boyfriend moved in a year... View More
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answered on Feb 28, 2023
Your question raises some questions. Is your BF on the Lease? I am not sure how you obtained a Lease without a SSN, so I am not sure why that matters now. Also, does your landlord, municipality, and building permit short term rentals like AirBnB? Why is he entitled to any "profit."... View More
I submitted a offer on a house. The seller countered and I accepted. The seller's agent then called my agent stating there was an escalation offer at ask and could we offer seller a little more. I offered $10,000 more. The seller accepted and signed the paperwork, which is sitting at... View More
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answered on Jul 22, 2020
It's a very hot market, maybe change your terms to some extent. Offer all "Cash" perhaps?
the house went up for auction twice but didn't sell. can I call the bank and attempt to get the mortgage reinstated ?
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answered on Jul 9, 2020
If you qualify for a mortgage, you can buy the house like any other person. It's not clear from your question whether the auction was after a Judgment of Foreclosure. You might want to do some investigation into the status of the foreclosure. The bottom line is that the foreclosing bank... View More
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... View More
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answered on Nov 18, 2019
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
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answered on Jan 15, 2019
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,... View 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?
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answered on Jan 9, 2019
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... View More
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answered on Jan 9, 2019
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.
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answered on Oct 30, 2017
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... View More
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answered on Jun 21, 2017
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... View 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?
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answered on Jun 20, 2017
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
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answered on Jun 8, 2017
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.
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