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New York Real Estate Law Questions & Answers
2 Answers | Asked in Real Estate Law for New York on
Q: I want a lawyer to look into my mortgage payments and paperwork
Carl Nelson
Carl Nelson
answered on Dec 16, 2024

This is a Q&A forum, and you did not ask a specific question. However, you can use this site to search for an attorney with mortgage experience; many will offer a free consultation to evaluate your case. Best of luck.

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3 Answers | Asked in Real Estate Law, Tax Law and Probate for New York on
Q: My mother passed in 2021, she had left the house to me and my 3 children. There is about two years of unpaid property

And school taxes that are behind, the house is still caught in probate court and i cannot make a payment plan since it isnt in my name, and i cannot afford to pay it all upfront. How do i stop the house from going into foreclosure?

Damien Matthew Bosco
Damien Matthew Bosco
answered on Dec 11, 2024

I'm sorry for your loss and the challenges you're facing. If probate is delaying your ability to act, consider filing a motion requesting the court to grant temporary authority to address urgent matters, like paying property taxes. An attorney can assist with this.

Possibly, you...
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2 Answers | Asked in Real Estate Law and Family Law for New York on
Q: who do we contact to confirm death of a parent in nyc and if there was a will or property left to next of kin?

my wife's estranged father died earlier this year (possibly June) in nyc. she is the only child and it is believed he lived in the coop her mother owned and is now deseased as well. if that is the case, would like to know if she has a right to that property.

Damien Matthew Bosco
Damien Matthew Bosco
answered on Dec 2, 2024

Your wife may be able to contact the NYC Department of Health and Mental Hygiene since she is next of kin She may be able to request a copy of the death certificate. She can apply online, by mail, or in person. Death certificates are necessary for most estate-related matters. NYC Vital Records:... View More

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4 Answers | Asked in Estate Planning and Real Estate Law for New York on
Q: Hello - This is a life estate question for Upstate New York. See below for more info.

Hello - In upstate New York, my uncle was given a life estate for the house he was living in. He has since moved out, allowed the house to fall into disrepair, and refuses to pay the taxes on the property or homeowners insurance which he was supposed to be doing. Does this invalidate his life... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Nov 30, 2024

No. Termination of the Life Estate is left to the Remainderman. No one else has legal standing.

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0 Answers | Asked in Landlord - Tenant and Real Estate Law for New York on
Q: What do I do if im being harassed by my landlord?

He has been sending mail threatening eviction for months, I have been harassed for the past 7 years , my tail lights were smashed by a manintnce worker, several nails have ben put in my tires on several differnt cars I owned, someone or some people break into my home when I am not there, the... View More

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for New York on
Q: Hello. Question. My husband's mother transferred shares of a cooperative apartment to his name.

Hello. Question. My husband's mother transferred shares of a cooperative apartment to his name. This was done during the marriage, but his mother registered the title to the apartment only in my husband's name. Now my husband has decided to make a will and a trust, but he has indicated... View More

Howard E. Knispel
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Howard E. Knispel
answered on Nov 24, 2024

A gift to your spouse is not marital property even if given during the marriage unless it is comingled or transmuted. However, upon death, there are protections for a current spouse regardless of the will. New York has a "right of election" that allows a spouse to disregard the will and... View More

1 Answer | Asked in Real Estate Law for New York on
Q: In NY State, Can a homeowner sale a house without disclosing that an addition has been built half over the septic tank.
Damien Matthew Bosco
Damien Matthew Bosco
answered on Nov 21, 2024

Building an addition over a septic tank would likely be considered a material defect that should be disclosed. New York law provides sellers with an alternative to completing the Property Condition Disclosure Statement. Sellers can opt to pay a $500 credit to the buyer at closing instead of... View More

1 Answer | Asked in Foreclosure and Real Estate Law for New York on
Q: hi Is a notarized signed and submitted Deed in lieu of foreclosure documents revocable by a plaintiff in New York
Damien Matthew Bosco
Damien Matthew Bosco
answered on Nov 19, 2024

There are limited circumstances under which a plaintiff (typically the borrower) might try to revoke or challenge the validity of a submitted Deed in Lieu of Foreclosure (DIL). Generally, once the lender accepts and files the DIL, revocation is highly unlikely unless a valid legal basis exists.

1 Answer | Asked in Real Estate Law for New York on
Q: FHA APPRAISAL SHARE GARAGE

I’m recently divorced and signed an agreement to pay $190,000 to keep the house. The bank asked me for the agreement to start the process of refinancing. I was conditionally approved for refinancing, and after signing all the necessary paperwork, including transferring the title solely to my... View More

Damien Matthew Bosco
Damien Matthew Bosco
answered on Nov 13, 2024

While this is a setback, it doesn't necessarily mean the refinancing can't proceed. The key will be working closely with your lender and providing all necessary information to address the FHA's concerns about the shared garage. The lender must ensure that the subject property's... View More

2 Answers | Asked in Real Estate Law for New York on
Q: After a deed in lieu is signed what happens next to borrowers
Damien Matthew Bosco
Damien Matthew Bosco
answered on Nov 12, 2024

In some cases, if the sale of the property does not cover the outstanding mortgage debt, the lender may pursue a deficiency judgment to recover the remaining balance. New York is a judicial foreclosure state, meaning any deficiency judgment must be pursued through the courts. However, in some... View More

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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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1 Answer | Asked in Foreclosure and Real Estate Law for New York on
Q: Can you sue your mortgage company and win your home free and clear ?

Illegal foreclosure

Jack Mevorach
Jack Mevorach
answered on Nov 4, 2024

It's possible.

Jack

1 Answer | Asked in Real Estate Law for New York on
Q: My ex-husband is on the mortgage, which I have been paying. My name is on the title. How can I adjust mortg to my name
Elaine Shay
Elaine Shay
answered on Oct 24, 2024

Generally, this would require that you refinance your mortgage. However, you may contact the lender to inquire if they would be willing to assign the mortgage loan.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Regarding Respondeat Superior, if a Property employee gives a non-employee a key to a utility room who is liable?

Thanks

Anthony M. Avery
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Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 23, 2024

Potential tort liability for both.

1 Answer | Asked in Contracts, Real Estate Law and Business Law for New York on
Q: I am considering legal action against my property management company. T

I am considering legal action against my property management company. Their negligence in managing my property, particularly in their interactions with the city, has resulted in a financial loss of over $7,000. Given their failure to respond to my communications and their apparent breach of our... View More

Jack Mevorach
Jack Mevorach
answered on Oct 21, 2024

Perhaps. Or, at least, termination of the contract.

Jack

1 Answer | Asked in Real Estate Law for New York on
Q: THIS UNIT IS SUBJECT TO ARTICLE 6-A OF THE REAL PROPERTY LAW, KNOWN AS THE NEW YORK STATE GOOD CAUSE EVICTION LAW?

Does that mean my landlord can evict me or increase the rent more than 3% - 6% ?

Steven Warren Smollens
Steven Warren Smollens
answered on Oct 21, 2024

Dear Manhattan Tenant

No. Not at all.

Read this

https://www.nyc.gov/site/hpd/services-and-information/good-cause-eviction.page

2 Answers | Asked in Contracts, Foreclosure, Real Estate Law and Tax Law for New York on
Q: I’m looking to retire and shut down my LLC
Jonathan David Warner
Jonathan David Warner
answered on Oct 14, 2024

I'm not sure what your question is... but I'll try to provide some helpful tips.

First, make sure to notify your accountant or payroll service provider of the closing date so they can prepare the final returns. Failure to do so can result in massive fines and large penalties....
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2 Answers | Asked in Real Estate Law and Estate Planning for New York on
Q: If wife signs a deed as executor when no estate was ever filed or executor appointed is it valid to transfer real estate
David Marc Deemer
David Marc Deemer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 12, 2024

If no estate was opened, your wife did not receive Letters Testamentary and therefore cannot act on behalf on behalf of the estate, which includes signing a deed.

Your wife, assuming she is the named Executrix in the Will must submit the Will for probate in order to receive Letters...
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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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