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.... View More

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... View More

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... View More

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.... View More

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... View More

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... View More

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... View More

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.

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... View More

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... View More

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... View More

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.

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

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.

This is a Q&A forum, but you can also use the "find a lawyer" tab at the top to find a lawyer to represent you in a bankruptcy. That is the best way to assess your financial situation and determine whether a bankruptcy is the right option for you.

It is possible--once the bank owns the property they would list it for sale and would have the ability to accept/reject offers on the market.

First, it would depend on the current ownership, whether he owns it alone or with someone else. A joint tenant would have rights of survivorship, which means they would take title upon his passing. Barring that, it would depend on whether he had a will upon passing, which would otherwise control... View More

In the absence of an unusual circumstance such as where there has been a guardian appointed to represent the best interests of the principal, an attorney cannot represent someone without the principal's knowledge and consent to do so.

The buyer’s attorney (or the buyer if there is not attorney) would notify the seller’s attorney of the intent to cancel. Of course the contract will have a “notice” section which would control the means and manner of any notice to be made concerning the contract.

As a general matter, you would could the money he pays you, not his income. Bankruptcy is very complicated and can affect the filer legally and financially in myriad ways. I’d highly recommend you at least consult with bankruptcy counsel, most will meet without an initial charge…and it’s... View More