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Questions Answered by Jonathan David Warner
1 Answer | Asked in Consumer Law, Criminal Law, Personal Injury and Civil Rights for New York on
Q: I've heard it suggested to quote this law when a business forces mask wearing against my will. Does this apply?

Section 18 code 241

Also stated it's against Nuremberg trials that concluded a medical procedure can not be forced upon me.

Jonathan David Warner
Jonathan David Warner answered on May 31, 2021

Umm... No. With all due respect, you'll just sound like a crazy person if you cite to a quotation from the Nuremberg Trials in response to being asked to wear a mask (presumably, for the purpose of preventing the proliferation of COVID-19). Private businesses can operate however they'd... Read more »

1 Answer | Asked in Consumer Law and Contracts for New York on
Q: if I signed a retail motor vehicle lease agreement in NY and car was shipped to me in NY does this fall under NY law?

Car was shipped to NY from dealer in Texas before I signed all papers and before dealer signed any papers and therefore the lease was never effectuated and I believe should be void. The transporting of this expensive car prior to a binding agreement was a form of entrapment. Noticed the dealer... Read more »

Jonathan David Warner
Jonathan David Warner answered on May 31, 2021

Yes. If the contract was signed in New York, in particular with a New York-based business, then it is almost definitely controlled by New York laws... assuming there's no arbitration agreement or Choice of Laws Clause in the contract.

Good luck with your case!

1 Answer | Asked in Consumer Law and Insurance Bad Faith for New York on
Q: 1. How to find life insurance company's divisible surplus for last 15 to 30 years? 2.by insurance class? $0 div?

year 1968 participating $5,000 whole life policy. no dividends for last 15 years. Prior to that, div increased each year (to $96) then decreased in the next 4 yrs to zero; for 12 yrs $0 , however cash value increased each yr ($3,900 currently and increases a small amount each yr), no loans ,... Read more »

Jonathan David Warner
Jonathan David Warner answered on May 31, 2021

I'd recommend looking into New York's State's Unclaimed Funds registry, which can be found by clicking on this link:

https://www.osc.state.ny.us/unclaimed-funds

If you're entitled to funds that are unclaimed, they might be held by the State in escrow.

Good luck with your case!

2 Answers | Asked in Collections for New York on
Q: can a money judgment be enforced after 10 years if not renewed? Can a judgment be renewed after 10 years?
Jonathan David Warner
Jonathan David Warner answered on May 31, 2021

Yes. A civil judgment is collectible for up to 20 years in the State of New York.

Good luck with your case!

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2 Answers | Asked in Bankruptcy for New York on
Q: in bankruptcy, I am heir to a condo that has arrears in hoa fees and they put a lien on the property. is that my debt?

how do I list this property on my schedules

Jonathan David Warner
Jonathan David Warner answered on May 31, 2021

If you are listed on the deed to the property, the you will be liable for payment of the HOA arrears - assuming that you want to keep the property.

Good luck with your case!

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2 Answers | Asked in Bankruptcy, Contracts and Collections for New York on
Q: I have an account in collections that the collections company says is past the Statue of Limitations. I'm not sure why?

I recently noticed a collection account from PRA on my credit report. I've never heard of them, but the amount owed was similar to the amount I owe a bank. I never received anything from PRA though, so I opened all my recent mail that I thought was junk.

Lo and behold, one of them was... Read more »

Jonathan David Warner
Jonathan David Warner answered on Apr 4, 2021

It's a little odd that a debt collector would tell you that the debt is outside of the collection statute of limitations... what would be the point of their sharing this information? I'm not doubting the truth of what you've said, so much as I'm trying to figure out why.... Read more »

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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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