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Questions Answered by Carl Nelson
1 Answer | Asked in Consumer Law and Foreclosure for New York on
Q: Attorney familiar with mortgage foreclosure, title, and mortgage servicing violations

Federal case- violations by mortgage servicer, of RESPA, QWR, NOE and more- also, lacks standing due to missing along and assignments

Carl Nelson
Carl Nelson
answered on Jan 12, 2023

You did not ask a question that can be effectively answered on this Q&A page. The attorneys on this page who answer user questions about foreclosure will all likely practice in this area. If you are searching for an attorney, you should be able to identify one here or perhaps through a Google... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for New York on
Q: Are my sister & her husband obligated to share the proceeds of the sale of my late mother's home in New York State?

My elderly mother sold her house in 2019 to move a few miles so she'd be closer to my sister. My brother in law (a CPA) put the proceeds from the sale (>$100K) in a bank account in my nephew's name to hide the $ from the govt in case Mom went into a nursing home. He then bought a house... Read more »

Carl Nelson
Carl Nelson
answered on Jan 4, 2023

In the absence of some agreement regarding the proceeds of the sale of your mother's house, I generally agree with attorney Siegel. Based upon the fact pattern you described, your brother's house is your brother's house and your mother having lived there does not make it hers nor... Read more »

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2 Answers | Asked in Foreclosure for New York on
Q: A judge had a court order for the other party to do by the next court Date on the next court dates it was adjourned

5 more time and then that judge that gave the order was no longer the judge and the new judge ignored the previous judge order saying it’s wasn’t on e- filing to review and then did a summary judgment

Carl Nelson
Carl Nelson
answered on Dec 26, 2022

I agree with Mr Luisi’s response. Also, depending on where the case is procedurally and on what happens with the summary judgment motion, you may at some point need to consult an attorney about a bankruptcy filing if you need to stop a foreclosure sale and resolve the mortgage issue(s) in... Read more »

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4 Answers | Asked in Real Estate Law for New York on
Q: If our deed was declared void. Can our neighbors get our house and land? How do we get a new deed?

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Carl Nelson
Carl Nelson
answered on Dec 24, 2022

You have a number of questions and the fact pattern seems little complicated. I am not clear how the neighbors are involved unless they were the grantors of the invalidated deed. If so, then they would presumably be imbued with title to the property, but it would depend on the order itself.... Read more »

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2 Answers | Asked in Real Estate Law for New York on
Q: Who declares a deed null and void? Is the property owner notified? What happens to the property?
Carl Nelson
Carl Nelson
answered on Dec 18, 2022

The invalidation of a deed would be done by a court of competent jurisdiction. Relevant parties in interest should be notified of the action and an invalidated deed would mean the title reverts back to the original owner. Of course every fact pattern is different so it would depend on the details... Read more »

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2 Answers | Asked in Real Estate Law and Small Claims for New York on
Q: we have sold our apartment and we have $10,000 in escrow account.

Buyers are not releasing our money, stating that we have to fix windows, we have to provide 4 new Air conditioners and we have to provide 2 custom closets that was never there. Our lawyer is holding the money and says that he is not going to finish this case, since he finish with his part at... Read more »

Carl Nelson
Carl Nelson
answered on Dec 15, 2022

Your (the seller's) attorney is really the best person to contact about this, since he or she is, for purposes of the down payment, the escrowee. If you already closed the sale, it is not clear why your sale proceeds check was not issued at the closing; the closing constitutes the transfer of... Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: I have accidentally signed two leases, I did not know I was signing the leases when I did it.

I haven't moved into the place, the leases are for 2023-2024.

Carl Nelson
Carl Nelson
answered on Nov 30, 2022

It would be helpful to have more information about the leases and the facts surrounding them. For example, how was it that you did you not know you were signing a lease if you in fact signed it? The facts surrounding the signing and whether a contract was formed may also be relevant. Was there... Read more »

2 Answers | Asked in Real Estate Law and Probate for New York on
Q: How long does it take a lender to find substitute Administrator ?

The property is in Brooklyn . My father was the only person on the mortgage. When I was added to his deed , I was recorded as the Administrator. I only found out recently that I needed court papers to become an Administrator, which is what I am trying to do now. I don’t know why I was ever... Read more »

Carl Nelson
Carl Nelson
answered on Nov 30, 2022

The lender does not find an administrator; rather the lender needs to obtain jurisdiction over whoever is vested with title to the property the lender is seeking to foreclose by substituting and serving them with process.

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2 Answers | Asked in Real Estate Law and Probate for New York on
Q: Can the bank sell my property if no Administrator has been appointed?

Before my father died , I was incorrectly added to the deed , “As Administrator” . I have been working on obtaining Letters . The court appointed Administrator waived his rights as Admin and consented to allow me to become the Administrator. I am now waiting for the Court to issue me Letters... Read more »

Carl Nelson
Carl Nelson
answered on Nov 30, 2022

It would be helpful to know where the property is, but generally a foreclosing lender will have the ability to substitute a party in the case of the death of a mortgagor/defendant. Other relevant factors that would be helpful to know are whether the decedent owned the property solely or with a... Read more »

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3 Answers | Asked in Real Estate Law for New York on
Q: I recorded a lien on a home for $400k for money I’d given that was not returned,foreclosure now,Iamserved as defend. Y?

A person I knew asked for a $400k investment with the promise of a return. Never materialized. Waited substantial amount of time before recording a lien for the $400k on his home in 2008. He would not answer the entire time so I waited. And now I was served papers last night and I am named as a... Read more »

Carl Nelson
Carl Nelson
answered on Nov 11, 2022

In New York, subordinate lienholders (I am assuming your lien was perfected after the foreclosing lender and was subordinate to the foreclosing lender’s lien) are served in order to be put on notice.

A foreclosure action forecloses the rights of the property’s owner, as well as...
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4 Answers | Asked in Bankruptcy for New York on
Q: I'm trying to find out how to get legal advice on bankruptcy or filing chapter 11 or the best rid of credit card debt

I'm disable with the pandemic that's going on can't afford to pay

Carl Nelson
Carl Nelson
answered on Nov 8, 2022

While individuals are permitted to file under chapter 11 and routinely do so, because of the cost and complexity, it is not often the best chapter for individuals unless the filer's debt levels are extremely large and exceed the chapter 13 debt limits.

Chapter 13 is the more...
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