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Questions Answered by Carl Nelson
2 Answers | Asked in Real Estate Law for New York on
Q: If my neighbor sold his home after he was made aware a year and a half ago that his fence was on our property

He offered us $1000 in the beginning and we declined.now the sale of the home is pending and he still hasn’t resolved it he refuses to give us his real estate attorney’s info so we can let the buyers bank who paid for the survey that their is a dispute . We put in a small claims complaint to... View More

Carl Nelson
Carl Nelson
answered on Nov 4, 2024

If you’re not part of the transaction I’m unclear how or why you are involved. I understand you may be trying to help someone else, but you may not be apprised of all of the facts in a deal you are not a part of, and in any event I’m not sure what basis you would have to put a cloud on title.... View More

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3 Answers | Asked in Business Law, Contracts and Elder Law for New York on
Q: I’m in contact to sell my home but because of illness we decided to move back.
Carl Nelson
Carl Nelson
answered on Oct 14, 2024

You didn’t ask a question but assuming you are asking if you can back out of the contract, the answer is that it depends.

Assuming you have an attorney to represent you in the transaction, that’s where your question should be directed. If you do not have one, I would assume the buyer...
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2 Answers | Asked in Foreclosure and Real Estate Law for New York on
Q: Since 2012/2018 a foreclosure cases has been ongoing till present Does a statue of limitations apply in NY

The first index number was filed in 2012 plaintiffs ask to discontinue in 2016 since plaintiffs did not have proper documentation. the case was refiled different index number 2018 I’m trying to sign off on DIL but they keep making errors with names and addresses on the DIL for months When... View More

Carl Nelson
Carl Nelson
answered on Oct 7, 2024

There are too many variables for a situation like yours to give you a definitive (and fair) response to your question. But because you raise important points, especially related to how the law in New York has changed regarding statutes of limitation, I highly recommend you speak to a qualified... View More

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2 Answers | Asked in Contracts and Criminal Law for New York on
Q: I wanted to buy a house in different county. I'm in kings county and the property in broome county both in New York.

I signed a contract the sale didn't go through because sellers lawyer messed up and said a bunch of stuff. Regardless, I'm in court over this issue. But I realized that the contract that the sellers attorney submitted my signature is a electronic forgery. I tried to file police charges on... View More

Carl Nelson
Carl Nelson
answered on May 9, 2024

You cannot bring charges as a private citizen, although you can report a crime to a district attorney among other authorities (e.g. the disciplinary committee). The DA's office files criminal charges on behalf of the people of the state. You will also want to ensure that you have properly... View More

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2 Answers | Asked in Bankruptcy and Consumer Law for New York on
Q: I am in NY. In 8/19 a credit card debt lawsuit was filed against me. Last month a judgement was filed.

I have received no correspondence and do not recall the initial lawsuit notification. Is the statue of limitations up? I saw that NY went from 6 years to 3 years. What are my options?

Carl Nelson
Carl Nelson
answered on Apr 15, 2024

The statute of limitations runs from when a cause of action accrues to when a complaint upon that cause of action may be commenced. If they have a judgment, your right to raise that as a defense now is likely waived.

You may want to speak to an attorney about the implications of the...
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2 Answers | Asked in Real Estate Law and Estate Planning for New York on
Q: My late father did not include me in his life estate. My mom is the life tenant and my brother is the remainderman.

My brother recently passed away, now it's just me and my mom. Is there any way for me to be added to the life estate?

Carl Nelson
Carl Nelson
answered on Apr 8, 2024

You may share in whatever interest your mother has if she conveys it (all or a share) to you, but she cannot convey more than she has; so her life tenancy would not extend beyond her lifetime. Upon her death your brother’s heirs or those named in his will if he had one (whether that includes you... View More

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2 Answers | Asked in Contracts and Small Claims for New York on
Q: I let someone borrow $2,500 and the person does not want to pay me back, can I sue that person to get my money back?
Carl Nelson
Carl Nelson
answered on Feb 17, 2024

If there was an agreement to pay the funds back, you can sue to recover…the questions are (1) can you prove the debt (especially if the agreement was oral rather than written); (2) how much time and cost will you incur to being an action; and (3) is there a means to collect on a judgment.

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3 Answers | Asked in Real Estate Law for New York on
Q: Two borrowers (not married) on a Joint Mortgage - one moves out, other stays

Two borrowers on a Joint Mortgage (since 2016) - one borrower moves out over a year ago, other borrower stays in the house with their own kids. The borrower that moved out is now telling the borrower who still lives in the property, that they want to either get "paid their portion of the... View More

Carl Nelson
Carl Nelson
answered on Feb 6, 2024

You've only used the term"borrower," which is distinct from any ownership interest in property, but because you refer to being on a mortgage, I would assume you both have an ownership interest. In that respect, it is possible for one co-owner of a piece of property to seek to... View More

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1 Answer | Asked in Real Estate Law for New York on
Q: My daughter.was recently on the deed alone. Legally she is power of attorney. I'm still holding the mortgage alone. Ca

Can I transfer the mortgage to her

Carl Nelson
Carl Nelson
answered on Feb 2, 2024

It would be helpful to clarify your terminology. First, I’m not clear what you mean by your daughter is a power of attorney? Who does she hold this power for? If she holds the deed and you hold the mortgage, I’m not clear what the relevance of the POA is.

Second, when you say you...
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3 Answers | Asked in Bankruptcy for New York on
Q: I am a 100% Disabled Veteran that has filed bankruptcy under Chapter 13. I have questions about the filing and error

When my case was filed neither I nor my attorney were aware of the Haven Act. I would like to know if this can be corrected.

Carl Nelson
Carl Nelson
answered on Jan 23, 2024

Bankruptcy schedules and forms can typically be amended, but there are a number of factors such as where the case is procedural that would be relevant to an informed decision on how to proceed. This forum is not an ideal place to provide you with adequate legal advice as to your pending case; I... View More

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1 Answer | Asked in Consumer Law and Contracts for New York on
Q: I leased a BMW SUV in NY, but the SUV was totaled, and the BMW FS ( NJ) refused to return my prepaid. Where can I sue?

I leased a BMW SUV in NY for 36 months with a huge cash down payment for less monthly payment, but the SUV was totaled in the 13th month, and the BMW FS ( NJ) refused to return my prepaid. They said the down payment is for less monthly payment, it's not prepaid for the lease fee. I'm... View More

Carl Nelson
Carl Nelson
answered on Dec 4, 2023

The cost of a lease is comprised of the vehicle’s depreciation during the term plus a money factor, which is essentially interest (not to mention other fees and taxes). Generally you would be responsible for the term of the lease over the term, but could also be responsible for damage more than... View More

1 Answer | Asked in Real Estate Law and Estate Planning for New York on
Q: Hi, Can I sell my portion of a house in PR?

My mom has a house in PR that she is renting out. She is still alive and has said when she passes she wants me and my sister to have it.

Me and my sister don't agree on what to do with the house. I want to sell it, as I don't want to be a landlord to a house in PR while living in... View More

Carl Nelson
Carl Nelson
answered on Nov 30, 2023

It does not appear you have any interest to sell. Your mother indicating she wants to do something in the future, even if committed to a binding will, does not give you any legal or equitable right to the property.

There are certain things you could do during her lifetime, such as...
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4 Answers | Asked in Bankruptcy for New York on
Q: I've paid 13 months on a chapter 13 bankruptcy so far. I am really struggling to make the payments.

My income consists mainly of Social Security a small New York state pension and I work part-time for 3 months out of the year doing income taxes. I don't understand why my lawyer put me in this chapter 13. Trying the best I can and I'm running out of money

Carl Nelson
Carl Nelson
answered on Nov 14, 2024

Depending on many variables, there may be a solution, but you need to discuss this with your attorney. He or she is in the best position to understand your case. Stay in close contact with them.

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2 Answers | Asked in Real Estate Law for New York on
Q: After a deed in lieu is signed what happens next to borrowers
Carl Nelson
Carl Nelson
answered on Nov 11, 2024

It depends on a number of variables. I would highly recommend you not sign such an important document without speaking to an attorney.

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2 Answers | Asked in Contracts, Criminal Law, Civil Rights and Legal Malpractice for New York on
Q: I'm looking for a walk in law office regarding representation.
Carl Nelson
Carl Nelson
answered on Nov 6, 2024

You’re in luck, the world is full of them. You can do a Google search or contact your local bar association.

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3 Answers | Asked in Bankruptcy for New York on
Q: I missed my 341 meeting with creditors. Main reason for missed I didn't received any letter from the trustee
Carl Nelson
Carl Nelson
answered on Oct 29, 2024

You did not ask a question, but assuming you are asking what your next step should be, you should call the trustee’s office immediately and explain the situation. Assuming it was the first 341 it was likely rescheduled, but the trustee’s office will let you know. It is a good idea to follow up... View More

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5 Answers | Asked in Bankruptcy for New York on
Q: I'm not sure if I should claim bankruptcy. I have just over $16,000 in credit card debt, also I'm paying on my car.

I'm on disability. So I get a check for $1,558 at the first of any month. My rent takes up most of that it's $788 a month. Do you think bankruptcy is right for me? Thank you

Carl Nelson
Carl Nelson
answered on Jun 10, 2024

The decision to file a bankruptcy is complex and cannot ultimately be answered on a forum like this one. Most bankruptcy attorneys will offer a free consultation to evaluate your options, which I would recommend you do as soon as possible.

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2 Answers | Asked in Foreclosure and Real Estate Law for New York on
Q: My home is in foreclosure process, but title has not been given over to the lender by the court. Am I able to sell.

I may need to sell for less than what the bank has as payoff amount.

Carl Nelson
Carl Nelson
answered on Apr 2, 2024

Yes you can sell whether there is equity or not. Banks will sometimes offer cash incentives either in a short sale or for a “cash for keys” deal. I recommend you speak to an attorney to review your options before listing.

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1 Answer | Asked in Consumer Law, Contracts, Civil Rights and Collections for New York on
Q: how do i legally get rid of my car payments?
Carl Nelson
Carl Nelson
answered on Dec 1, 2023

I don't fully understand what you are trying to do. You can pay the note off or if you cannot afford it, you can return the vehicle and attempt to work something out with the finance company. There are certain things you can do in a bankruptcy as well, but that is a more complicated and... View More

2 Answers | Asked in Real Estate Law for New York on
Q: can a real estate agent have the in side of my house demoed with out my permission and if not what rights do i have

my mother died from coronavirus i had to sell the house in order to pay back a reverse mortgage. The real estate agent asked for the key

so he could show the house i returned to the house to retrieve my belongings everything was thrown away i had no chance of recovering any of my items

Carl Nelson
Carl Nelson
answered on Nov 11, 2023

In general, an agent must act in the best interest of the principle and at their direction. So if you hired an agent to sell property that you own and did not permit them to dispose of items, it would seem they acted outside the scope of their employment.

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