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3 Answers | Asked in Banking for New York on
Q: My bank closed my account for no reason ans there not giving me my money back
Peter J. Weinman
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answered on Apr 21, 2023

Was the account dormant? Maybe the money ended up with the state comptroller's office. Check your name here for this (and any other) accounts: https://www.osc.state.ny.us/unclaimed-funds

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: As per N.J.S.A. 46:8-50, my landlord and his realtor never notified me I was moving into a FEMA AE flood zone with SPHA

I believe the law was enacted in 2009. It has flooded at least 3 times, the first 2 times I was not at home when it flooded. The last time in 2021 I lost my car and the rest of the residents of this 4 family lost a total of 5 cars (plus 1 earlier in the 2000s with the 2nd flood,) Since we did... View More

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answered on Apr 19, 2023

There are some exceptions to that rule. It does not apply to premises with 1 or 2 units (or 3 units if it's also owner-occupied), hotels, motels, or other guest houses serving transient or seasonal guests. (See below).

If yours is not an exception, you should reach out to a local...
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4 Answers | Asked in Divorce, Real Estate Law and Family Law for New Jersey on
Q: I bought a home in NJ and titled it in my daughters name. Now she is getting divorced what is my exposure?

I have a contract for deed on the house. There is a mortgage on the house in her name only.

Peter J. Weinman
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answered on Apr 19, 2023

Attorneys Diamond and Boyer have offered great suggestions, but if I were you, I would not *DO* anything until you've retained a local attorney who will look at everything and guide you accordingly. I fear that if she were to transfer the home to you, that might trigger the due-on-sale... View More

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2 Answers | Asked in Landlord - Tenant for New York on
Q: I signed a pre-2019 lease that expired, defaulting to month-to-month. Is my security deposit owed in 14 days?

Does the Housing Stability and Tenant Protection Act of 2019 apply to me in any way regarding security deposits (14 days to return deposit, itemized deductions, etc.) or do the initial terms of my lease apply if I never renewed and it automatically became month-to-month? The initial terms of my... View More

Peter J. Weinman
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answered on Apr 17, 2023

The new rules apply regardless of when you entered into the underlying lease.

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1 Answer | Asked in Family Law for New York on
Q: I live in NY State. For College FAFSA application do I need any proof that I am an emancipated minor? Thanks

I am 20 years old an financially independent. I rent an apartment, work full time and pay my taxes.

Peter J. Weinman
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answered on Apr 17, 2023

At 20, you're an "adult" - not an emancipated minor. Are you saying that nobody claims you as a dependent on their income taxes? If so, wouldn't your personal income tax returns suffice to show you're "financially independent?"

2 Answers | Asked in Landlord - Tenant for New York on
Q: In NY, is it legal for landlords to charge over 6 years of rental arrears?

I have been living in my apt for 19 years. Over the years I have accumulated quite a bit of rent arrears. My landlord says that I have to pay it all now or risk eviction. I heard that any rent arrears over 3 or 6 years in NY could be expunged. Is this true?

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answered on Apr 13, 2023

You may be referring to the statute of limitations for contracts, which is 6 years. From my "Staten Island" perspective based on my Staten Island experiences (even though the NYC courts are supposed to be unified, I am not sure how it would be handled in Brooklyn), I do not think any... View More

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1 Answer | Asked in Family Law and Real Estate Law for Oklahoma on
Q: My step grandfather died recently and his estranged niece changed the locks on his house locking me out.

I've lived with him the past 8 years. I'm the only family that was present in his life. He married my grandma when my dad was a child. His only blood relative is an estranged niece from his sister. He planned to leave everything to me so my kids and I wouldn't be kicked out but he... View More

Peter J. Weinman
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answered on Apr 13, 2023

Even if her right to the property is superior to yours, she had no right to lock you out of your home without due process and a court order. I would call the police (not 911).

1 Answer | Asked in Landlord - Tenant for New York on
Q: After 50 years how much security can my landlord charge? How often can he charge it

Please I need to know why he keeps charging security???

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answered on Apr 12, 2023

I'm not sure I understand the question, but if the rent increases, so may the security to match. Is that what you mean?

1 Answer | Asked in Family Law for New York on
Q: I am about to sign a divorce decree which has a paragraph "No Molestation" . My lawyer informs me it's boiler plate

a

Peter J. Weinman
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answered on Apr 12, 2023

Your lawyer is correct, and you correctly defined the term, which means that parties agree not to engage in any behavior that would harass, disturb, or bother the other party, nor will either party attempt to compel the other to live together.

2 Answers | Asked in Real Estate Law for Georgia on
Q: Does buyer need to pay commission after closing if there is a signed agreement that agent contributed closing costs?

My real estate agent is trying to make me pay commission in installments after closing after contributing their commission towards my closing costs. There is a signed agreement saying that it was contributed towards closing. Do I need to pay them the commission costs?

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answered on Apr 11, 2023

None of us can say for sure without seeing the agreement you signed. This will require you to consult with a local attorney in person so she can review your documents and advise you of your rights and obligations under that agreement. If you need a local attorney, start your search here:... View More

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1 Answer | Asked in Real Estate Law for New Hampshire on
Q: For commercial office leasing space if landlord wants one check BUT there are several tenants responsible...

is it better to ask for all names to be on the lease or use a separate contract between the 4 tenants so the one who actually signs the lease is not 100% responsible. Thanks

Peter J. Weinman
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answered on Apr 11, 2023

I'm not sure I follow the question and I think anyone who wants to answer you will need more information.

- Four of you are renting commercial space, but there's no entity (LLC, Corp, etc.?) - just four individual people?

- Currently, only one of the four is named on...
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2 Answers | Asked in Real Estate Law for Texas on
Q: My POA has a new restriction for board and committee members to be listed on the deed of the property to be eligible.

My partner lives on the property with me but is not on the deed. He is no longer able to serve on his committee. I believe this was done deliberately to exclude him. Is this legal in Texas?

Peter J. Weinman
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answered on Apr 11, 2023

From my NY perspective, assuming you meant HOA (not POA), if your home belongs to an HOA, the rules of the HOA are the "law of the land" and it's not a question of "legality" in Texas. A restriction that only homeowners can serve on the Board or its committees is not... View More

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2 Answers | Asked in Landlord - Tenant for New York on
Q: Can my landlord charge me for utilities even though it was included when we signed our lease?

When we moved in we signed our lease and utilities were included. Now her electric and gas bill is up and she's trying to make us pay for a portion of it, saying that she's only one person and she doesn't use much electricity and we're 2 people so we use more. But we're... View More

Peter J. Weinman
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answered on Apr 10, 2023

Before any attorney can answer your question, they would need to see the entire agreement. Language, out of context, can be used either way. For example, what you quoted can mean that you're responsible unless it says somewhere "included in the rent." But without separate meters,... View More

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2 Answers | Asked in Estate Planning and Real Estate Law for New Jersey on
Q: Question regarding a one dollar property deed transfer and a life estate right on the same document

I have a deed where the grantor transferred property to grantee for 1$. In the same deed the second sentence is that the grantor conveys a Life Estate to the grantee for his natural life. The grantor later made a will and left the same property to the different person, and no taxes of any type... View More

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answered on Apr 11, 2023

You said the grantor conveyed a life estate to the grantee but you probably meant "grantor**." Anyway, provided the earlier deed was recorded (you did not specify - you only said you had it) the grantor's Will matters not because AT MOST he retained a life estate that dies with him,... View More

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1 Answer | Asked in Real Estate Law for Virginia on
Q: Virginia HOA violation, do I have any legal right to fight it

New homeowner here home was purchased Oct 2022, there is a built in playhouse off the deck that has been on property since Aug 2021 with no issues. I received a violation letter in the mail stating that this was not approved by the ARC committee and I need to file plans and have them approved or I... View More

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answered on Apr 6, 2023

Unfortunately, the fact that the HOA did not know about or complain about the structure may not be sufficient grounds to argue its existence. When you say "file plans," do you mean with the HOA or with the local municipality? Can you establish that the HOA is picking on you or otherwise... View More

1 Answer | Asked in Criminal Law and Employment Law for New York on
Q: I was an Art teacher and added names to my attendance list of people that wasn't taking the classes.

I was an Art teacher in a senior center, which made me chase for students, so in my frustration I added names to my attendance list of people that wasn't taking the classes, that's it. They got angry and fired me, but this people are so crazy that I fear that they can charge me with... View More

Peter J. Weinman
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answered on Apr 4, 2023

I'm not sure I understand your question or what it is you are being accused of having done. You made a list of people that were not attending? Or did you add to an attendance list the names of people who did not attend to make it look like they did attend? Or are you being accused of... View More

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

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answered on Apr 3, 2023

Absent some sort of fraud, there is no way the two children could have removed their dad from the deed without his knowledge and consent.

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I'm not your lawyer, and unless you retained me, this answer is for informational purposes only. You should consult with an...
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2 Answers | Asked in Real Estate Law for New York on
Q: If a purchaser terminates a real estate contract and forgoes the deposit - is there a special legal termination form?

What is the termination form called ?

Peter J. Weinman
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answered on Apr 3, 2023

I think the only "form" would probably be a mutual release whereby the parties agree that they each settled the matter and that there remain no obligations by or between the parties thereafter.

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I'm not your lawyer and unless you retained me, this answer is...
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3 Answers | Asked in Small Claims for New York on
Q: How should I handle a case in which a debt collector purchased the debt from a no longer rental management company?

This event took place 13 years ago and there has been very little activity around it for 7 yrs. I presented a motion to dismiss based on dormancy, but the judge ruled against me and told me to answer the claim. I did .

What is my next step in my efforts to get this matter dismissed?

Peter J. Weinman
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answered on Mar 29, 2023

Why do you feel it will be dismissed? We probably need more information. You did not say anything about disputing the debt and you said there's been at least "some" activity for at least some of the last 7 years... What sort of activity? Have you made payments or acknowledged the... View More

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1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Indiana on
Q: Rent to own contract was broken by the landlord (owner/ seller) of the house, can I take them to court?

Landlord agreed to rent to own for $110,000. Landlord got a different mortgage on a new home they purchased and said they couldnt have this house( the one I was already renting to own for 5 years) as a rent to own anymore. Can I take them to court for the money I put into owning the house since... View More

Peter J. Weinman
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answered on Mar 24, 2023

Your rent-to-own contract should outline your rights and remedies. Assuming an attorney represented you when you entered into that agreement, you should speak to that attorney for advice. If you had no attorney, from my NY perspective, unless your contract prohibits it, you would need to bring an... View More

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