The statement: hereby grant and release unto the Grantee(s), their heirs and assigns forever: (then it describes the land) along with
To have and to hold the above granted premises unto the Grantee(s)
Grantee(s) Shall quietly enjoy the said premises and the Grantor(s) will forever... Read more »
answered on May 25, 2023
That language (without your name listed as a grantee) does not mean that you are an owner of the property during her lifetime; you do not become an heir until she dies without a will. Rather, that language indicates that the property passes to her in all respects even after her death; as opposed... Read more »
I recently stayed at my friend's apartment. I had asked in advance if I could come and she consented. We did not discuss any payment. I slept on the apartment floor for 5 nights. They picked me up from the airport and we did some travel activities together. We also did some outdoor photo shoot... Read more »
answered on May 20, 2023
A text, after the fact, stating “ I’m happy to pay the expenses you demanded” is not itself a contract. The factual circumstances and your friend’s specific claim as to why they claim you owe the money will be the relevant points. If, for example, your friend claimed there was in fact an... Read more »
I lived in Ithaca, NY for 7 years and had to go back to my home country because of an illness.
I left some credit card debt which I cannot pay. 1) What should I do to file for bankruptcy? 2) Is there someone that would be willing to help pro-bono? 3) Would this problem bar me from having a... Read more »
answered on May 10, 2023
Your questions are of a mostly general nature and really do require that you consult with an attorney to determine whether a bankruptcy filing is justified, if so under which chapter, and a host of other issues that would need to be reviewed. Whether you find an attorney to represent you pro bono... Read more »
I spoke to an attorney a few years back who advised if I wanted to pursue the property I should be prepared to spend thousands & thousands of dollars which I'm not prepared to do. My question is do I just wait for everything to play out and be contacted by the courts on the outcome.... Read more »
answered on May 9, 2023
If the property is in foreclosure and you have an interest in the property (not clear from your fact pattern, since you said your mother's husband owned the property) you most certainly do not want to wait to see how everything plays out.
The court will only contact you for things... Read more »
My mother is also deceased. The property is up for foreclosure and an administrator was assigned I think. I've been getting pestered by investors to sell my share and the deceased family to sign forms last three years
answered on May 9, 2023
I’m not totally sure what your question is.
First I would suggest you obtain a better grasp on your interest(s) and who the relevant parties are (e.g. whether there is an administrator and whether you were in fact an heir to property).
Next I would be very cautious about... Read more »
answered on Apr 28, 2023
The section you refer to (I am assuming 15 USC 1662, which does not have a subparagraph "B") deals with advertisements for the extension of consumer credit. It prohibits such an ad from stating that a specified down payment is required *unless* that creditor usually and customarily... Read more »
When we moved in we signed our lease and utilities were included. Now her electric and gas bill is up and she's trying to make us pay for a portion of it, saying that she's only one person and she doesn't use much electricity and we're 2 people so we use more. But we're... Read more »
answered on Apr 10, 2023
You should clarify what the lease says, because in your question you indicate both that “utilities were included,” and also that the lease states that “Lessee [you] shall be responsible for… paying for all utility services required on the leased premises.” Where does it state that the... Read more »
My sister is taking financial advantage of my parents. My parents know enough to agree she is but do not want to pursue legal ramifications . My concern is they will not have enough money to live out their years. Most recently my dad was removed from the deed of his second home while in the icu... Read more »
answered on Apr 3, 2023
It is unclear from the scenario you presented whether your parents are of sound mind. If so, you will not have standing to pursue actions that they are not interested in taking. You cannot force another person to litigate something in their interest that they do not want to. And you cannot force... Read more »
we each live on our own sides I am concerned medicaid would some how intervene or would the other half go to the remaining joint owner.
answered on Apr 2, 2023
I agree with Mr Smollens. Regarding the note and mortgage, you are each jointly and severally liable, which means that each bears legal responsibility on the whole amount. As well, the property itself is liable, which means that if the note is not paid, the lender may be able to foreclose upon... Read more »
answered on Mar 30, 2023
Contracts generally do not need to be in writing to be enforceable. Certain types of contracts do, such as those for the sale of real property or leases for periods of more than year. But unless excepted from the “statute of frauds” which requires certain agreements to be memorialized in... Read more »
My father died in early January of this year. He held a Life Estate on his home and my sister is listed as the remainderman on the deed. We filed the death certificate with the Town of Riverhead.
My father owes a large sum of money to the rehab nursing center he was in when... Read more »
answered on Mar 28, 2023
It depends whether the nursing center had a judgment against your father before he died. If so, a judgment entered in the same county as the property would form a lien on the property which would survive a change in ownership (such as that occurred upon his death). Since your sister would be the... Read more »
I received in the mail today and income execution for my paycheck for a debt from 2014. I have never received anything from this debt. No PaperWorks no phone calls. Also it was for a vehicle that I had $3000 balance on but was totaled out and the insurance paid when my car got stolen. Also, this... Read more »
answered on Mar 23, 2023
You did not indicate when the judgment was entered, but I would assume it would be some time ago and it may be too late to vacate the judgment—but this would depend on some of the dates and other circumstances.
Barring a vacatur of judgment, you could contact (personally or through an... Read more »
A few years ago my boyfriend’s parents were struggling financially and ended up modifying their mortgage loan (details unknown).
In this process, they asked my boyfriend to sign an acknowledgement of contribution stating that he lives there, is their son, and has been “contributing... Read more »
answered on Mar 20, 2023
Acknowledging a contribution for the purpose of a loan modification does not create personal liability on the existing note. The lender does sometimes ask for authorization to run a credit report of a contributor, and if he was living there the address should show as a residence. But since he is... Read more »
I had an offer for sale accepted at the end of August 2022, I paid 10% down and the loan officer stated that he would be able to help me with a loan. It was supposed to take place at the end of November 2022. The sponsor of the property, (seller) and the property management have been in touch with... Read more »
answered on Mar 17, 2023
Real estate transactions in New York typically have attorneys on both sides (and one for the bank, and for co-ops, one for the co-op itself). You should contact an attorney to review the contract of sale (or if not yet entered into, to review the seller's draft) and deal with any issues... Read more »
I got the apartment(lease) by my self and lived there for a year by myself, I put down deposit, I paid a guarantor fee every month, decorated and bought all the furniture, I am doing all the daily maintenance of the Airbnb account and finding cleaner, photograper etc. My boyfriend moved in a year... Read more »
answered on Feb 28, 2023
From a practical perspective (which is what it sounds like you are asking), an appropriate way to split income from the unit would be to first deduct all expenses and then to split the net income according to proportions of rent paid.
So first you would deduct all of the fees and costs... Read more »
answered on Feb 27, 2023
I don’t know where you are seeing that, but it would mean that it was purchased by the lender at the auction rather than by a third-party buyer. Because the lender can bid with credit (i.e. the amount they are owed), it is most common that the lender takes title at the sale auction.
My mom took out a loan without my dads consent m. They are both deceased and we are liable
answered on Feb 25, 2023
If you did not sign a note, you would not be personally liable. However, if the note is secured by a mortgage, the ownership interest of whoever executed the mortgage would be encumbered by the mortgage lien.
Based on the facts you indicated, your mother’s share would be subject to the... Read more »
If there are costs such as filing fees, you would be expected to pay them at the time they are incurred. Based on the informaton on the docket, you likely will incur an RJI fee and motion fee totaling $140 if you want a motion made for permission to amend your answer. (alternatively we offer a... Read more »
answered on Feb 16, 2023
I personally would not opine on the fees and fee structure of an attorney your are considering to represent you, especially in a legal Q&A forum like this where we would not have all of the facts surrounding your case and the firm. If you are not comfortable with the fees, you could speak to... Read more »
The company already finished with the bankruptcy I signed settlement agreement for a certain amount already 3 months ago what is taking so long
answered on Feb 8, 2023
Bankruptcy can be a long and sometimes frustratingly-slow process for creditors. However, bankruptcy is guided by a complex mix of federal bankruptcy law, bankruptcy and local rules and other areas of state and federal law. In short, it is complicated and often has very important deadlines that... Read more »
answered on Feb 3, 2023
New York is a judicial foreclosure state, which means that a creditor-sale of a piece of residential real property cannot happen without a court order. The lender first needs to provide you with certain pre-foreclosure notices, and then ultimately file a summons and complaint and serve you with it.... Read more »
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