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Questions Answered by Jonathan David Warner
1 Answer | Asked in Consumer Law, Lemon Law and Small Claims for New York on
Q: Car repossessed. Possible lemon law issue.

My Wife had our car at a mechanic shop. The seller of the car tried to take the car from their property. The mechanic shop said stay off their property. The seller went back late at night and took the car. We stopped paying for the car because we found out that the car couldn’t pass inspection.... Read more »

Jonathan David Warner
Jonathan David Warner answered on Jul 16, 2020

Part of a Lemon Law claim is owning the car, which means continuing to pay for it. If you seek to file a Lemon Law claim, you'll need to catch up on your car payments before you can get it back.

You might want to contact an attorney who focuses on Lemon Law to help you sort this issue...
Read more »

1 Answer | Asked in Foreclosure for New York on
Q: The government mortgage guarantor sold our home to a bank through a referee's deed. Is it a legal sale?

The mortgage guarantor sold our home through foreclosure sale to a 3rd party servicer through a referee's deed. There was no note attached to the mortgage. The servicer has no standing or interest in our home. The trust associated with the house is closed.

Jonathan David Warner
Jonathan David Warner answered on Jul 16, 2020

You haven't provided enough information for anyone to provide an answer.

With this said, New York is a judicial foreclosure state, which means that a foreclosure cannot happen without a Court Order. The process tends to take quite a long time, so it's extraordinarily doubtful that...
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2 Answers | Asked in Foreclosure for New York on
Q: The government mortgage guarantor sold our home to a bank through a referee's deed. Is it a legal sale?

There is no note for my home. This is New York and the note was electronically recorded by MERS. We were not notified of the sale.

Jonathan David Warner
Jonathan David Warner answered on Jul 16, 2020

You haven't provided enough information for anyone to provide an answer.

With this said, New York is a judicial foreclosure state, which means that a foreclosure cannot happen without a Court Order. The process tends to take quite a long time, so it's extraordinarily doubtful that...
Read more »

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2 Answers | Asked in Bankruptcy for New York on
Q: Do I need to fill out a Modified Form 410 Proof of Claim form?

I have a pension with JC Penney Corporation. The company has filed for bankruptcy protection. My pension is insured with the PBGC. I just received a Modified Form 410 Proof of Claim form from the bankruptcy court. Does this form have anything to do with my pension? haight78@hotmail.com

Jonathan David Warner
Jonathan David Warner answered on Jul 16, 2020

Yes. You'll want to fill out the Claim form and submit it to the Bankruptcy Court Clerk's to protect your claim.

As prior counsel suggested, this may be something you'll want an attorney to help you out with.

Good luck with your case!

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3 Answers | Asked in Bankruptcy for New York on
Q: I own a time share. Paid in full. I have received a note from the acting lawyer of a bankruptcy hearing(telephonic) .

To auction to the highest bidder. Does this mean I do not own or are responsible for this time share?

Jonathan David Warner
Jonathan David Warner answered on Jul 16, 2020

I'd want more specific information to issue an accurate opinion, but it sounds like the Timeshare may not be exempt and that the Trustee is attempting to sell it for the benefit of your unsecured creditors.

This is probably a question best directed to your bankruptcy counsel. If you...
Read more »

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1 Answer | Asked in Banking and Consumer Law for New York on
Q: Illegal repossession of a vehicle laws associated with.
Jonathan David Warner
Jonathan David Warner answered on May 5, 2020

I'm not sure what the question is. Please elaborate.

2 Answers | Asked in Tax Law for New York on
Q: i am a college student and was doing my taxes online, had a few general questions

Hi there,

im filing from New york

So basically the past year i worked off the books for ca heap wage off campus on a resturant, and so have no W-2 and thats why manually plugging the numbers

my important question is I was scammed a year ago of $3000 and thats why i had to... Read more »

Jonathan David Warner
Jonathan David Warner answered on May 5, 2020

I'd recommend visiting the IRS' website and requesting your wage transcripts online. This will give you a fairly clear representation of all the income that has been reported as earnings. If you are uncomfortable doing so on your own, consider discussing this matter with a tax preparer or... Read more »

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2 Answers | Asked in Tax Law for New York on
Q: Can an owner of a small no income S corp, who does not receive a paycheck, get UI from other W-2 full time employer?

If an S Corp has been non-profitable, and officer had to work full time as employee with W-2 at same time for companies in Manhattan since they were on payroll, would they get UI?

Seems way things are worded on DOL, that if you are an officer of a corporation, you are still considered... Read more »

Jonathan David Warner
Jonathan David Warner answered on May 5, 2020

You may be eligible for PUA, but I am not sure about UI. Your best bet would be to apply online, as I have a feeling that this is a fairly common issue that can be straightforwardly resolved through the application process.

Good luck with your case!

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3 Answers | Asked in Foreclosure, Real Estate Law and Small Claims for New York on
Q: Ex-partner and myself is on mortgage; how do I go about removing my name?

We separated two years ago, and part of our agreement was for me to move out, and she'll retain the home, as long as she can maintain the monthly payments. At the time of agreement, I didn't have the resources to do things the RIGHT way and wanted the path of least resistance to just take... Read more »

Jonathan David Warner
Jonathan David Warner answered on May 5, 2020

If your ex-partner is financially capable of a refinance, this would be the best way to get your name off the mortgage. Otherwise, the only other way to accomplish this would be for your ex-partner to obtain a mortgage assumption by way of a loan modification - this is probably something you'd... Read more »

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3 Answers | Asked in Bankruptcy for New York on
Q: A chpt.7 referee awarded me homestead exemtion after a referee deed was filed on the property. But before the sale of my

Home a tender of payment was given to the bank but they sold the property anyway and violated a Supreme court order to stay the sale. The trustee in chp. 7 told me she received my tender of payment and granted the ny homestead exemption. But she has not brought an adverse claim against the people... Read more »

Jonathan David Warner
Jonathan David Warner answered on Mar 2, 2019

You - not the Trustee - should be taking the lead on this one. My assumption is that you do not have an attorney at this time, given your reliance upon the Trustee to remedy your situation.

Do yourself a favor... hire an attorney who knows exactly how to fix the situation. It will probably...
Read more »

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2 Answers | Asked in Real Estate Law for New York on
Q: I’m divorced and the mortgage is in both names. I have made all the payments since the divorce. He wants his name off t

The mortgage. He has accrued enormous debt since our divorce. I have no plans to sell the house. Is this possible.

Jonathan David Warner
Jonathan David Warner answered on Mar 2, 2019

You'll need to refinance the house, as this is the only way to do so - absent selling the house. Banks generally won't perform Mortgage Assumptions, absent a specific Order from a Court.

Contact an experienced attorney if you're looking to go the Assumption route...

Good luck.

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6 Answers | Asked in Bankruptcy for New York on
Q: I filed chpt.7 but my automatic stay was removed by the bank, if i convert to a chpt13 do i get a new automatic stay,

And do the bank have to motion the court again to remove the chpt13 stay?

Jonathan David Warner
Jonathan David Warner answered on Mar 2, 2019

Not necessarily. This is not an easy question to answer, even with all of the relevant information before the attorney. My assumption is that you do not have an attorney. Your best avenue of relief is to hire one who is extremely familiar with Motion practice and Bankruptcy litigation.

Good luck!

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3 Answers | Asked in Consumer Law, Real Estate Law and Civil Litigation for New York on
Q: Bankrupt Rescap failed to file Mortgage Satisfaction for loan pd in 1999, who should we file motion against?

Ocwen has a record that it's paid, but won't give us a copy of it. Title company requiring satisfaction and payoff check to release funds, they are not available to us, Mom is deceased. Title company knows that ResCap/GMAC went bankrupt. Ocwen has no legal obligation to provide a... Read more »

Jonathan David Warner
Jonathan David Warner answered on Mar 2, 2019

There's no Motion to file if there is no actual case... Is there currently litigation involving this property?

For what it's worth, this is an extremely subtle, complicated inquiry. Your best bet is to sit down with an attorney and obtain an opinion regarding what can be done, if...
Read more »

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3 Answers | Asked in Bankruptcy for New York on
Q: can a family’s members bill in there name be claimed on my bankruptcy?

My cell bill is very high and in my moms name. I have been paying it, can I include that?

Jonathan David Warner
Jonathan David Warner answered on Mar 2, 2019

If the account is not in your name, you cannot discharge the debt - it isn't yours.

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3 Answers | Asked in Foreclosure for New York on
Q: Is there a status of limitation on foreclosuring on a property

When a lender/bank starts the foreclosure process,how long do they have to complete it.is there a status of limitation.

Jonathan David Warner
Jonathan David Warner answered on Mar 2, 2019

No, there is no time limit in relation to how long the foreclosure case is allowed to last for. Consider retaining an attorney, as I have to assume that you do not have one, based upon the nature of your question.

Good luck.

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5 Answers | Asked in Bankruptcy for New York on
Q: After filing, can the trustee ask for my rent lease to be terminated? I stated I will to assume my apartment lease.

I have already filed my case but I read online If the trustee believes the rent is unreasonable or beyond the debtor's means, he can direct the court to terminate the lease, allowing the landlord to evict the debtor. Furthermore, the trustee has to decide within 60 days of the petition filing... Read more »

Jonathan David Warner
Jonathan David Warner answered on Mar 2, 2019

This rarely occurs... but with this being said, you should really retain an attorney if this is truly important to you - why leave this to chance?

Good luck.

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1 Answer | Asked in Consumer Law, Antitrust and Communications Law for New York on
Q: Telecom disconnects service without notice.

My local (New York City) telecom company disconnected service (phone + internet) without notice. To have it reestablished, they’re asking for installation fees (to run new connection cables) and increased monthly charges. Is this action warranted under law?

Jonathan David Warner
Jonathan David Warner answered on Feb 14, 2019

If the bill was not paid, they have the right to disconnect.

Good luck.

1 Answer | Asked in Bankruptcy for New York on
Q: If I file bankruptcy and I live with my parents still but I pay half of the heat and cable bill

Do I still list it under my budget

Jonathan David Warner
Jonathan David Warner answered on Feb 14, 2019

Yes, you are requires to list all your income and liabilities in your bankruptcy schedules.

Good luck.

3 Answers | Asked in Consumer Law and Criminal Law for New York on
Q: My daughter was caught shoplifting, she’s an18 year old college student. What will happen to her? Court date is feb 28
Jonathan David Warner
Jonathan David Warner answered on Feb 14, 2019

It will probably be adjourned in contemplation of subsequent Dismissal. With this being said, your daughter should hopefully learn a valuable lesson from this experience... otherwise, the second time may not turn out so well.

Nonetheless, she should hire an attorney or take advantage of a...
Read more »

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3 Answers | Asked in Bankruptcy for New York on
Q: If I file bankruptcy and I live with my parents still but I pay half of the heat and cable bill

Do I still list it under my budget

Jonathan David Warner
Jonathan David Warner answered on Feb 14, 2019

Yes. You are required to list all your income and expenses.

Good luck.

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