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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
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
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... View More
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
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
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
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
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?
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... View More
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?
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
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.
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
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
Can I transfer the mortgage to her
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... View More
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.
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
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
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
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
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... View More
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
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.
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.
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.
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
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
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.
I may need to sell for less than what the bank has as payoff amount.
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.
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
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
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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