Ask a Question

Get free answers to your Real Estate Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
New York Real Estate Law Questions & Answers
3 Answers | Asked in Estate Planning, Family Law, Foreclosure and Real Estate Law for New York on
Q: My situation is complicated, but here is some information. My mom passed away, my family & i lived in the house with her

For 15 years took care of her till she passed. My sister's wanted to sell the house. We applied for & were approved for a mortgage. They wanted more than we were approved for & didn't accept it. We stayed in the house, looking for a new place is very challenging. They placed an... View More

Benjamin Z. Katz
PREMIUM
Benjamin Z. Katz pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 23, 2025

If your name is not on the deed, you are not the owner. I do not know who you are referring to when you say "They".. There are also several facts that you have not provided. Who wanted more, who evicted you, and why are your belongings still there? Was the house sold at auction... View More

View More Answers

4 Answers | Asked in Real Estate Law for New York on
Q: I live in NY state and just found that my house is listed, without my knowledge, on online realtor sites. Is this legal
Tim Akpinar
Tim Akpinar
answered on Feb 12, 2025

Many new real estate sites have popped up in recent years. Some have postings for homes that are not currently for sale. Upon closer examination, they could list a sale date for the property from the past, or a note that the property is no longer for sale. But a house that you have no wishes to... View More

View More Answers

1 Answer | Asked in Real Estate Law for New York on
Q: I have a valid mechanic lien Filed in Franklin county ny owners ignored and sold property
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 14, 2025

If your m and m lien is valid, then hire a lawyer to file suit against both the old and new owners to execute the lien. But your lien may not be valid now.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for New York on
Q: Can a landlord void lease if tenant passes away?

My mom who just passed away has been renting a rent stabilized apartment since the mid 70's. The apartment complex, originally rentals were converted to co-ops back in the 1980's with the option to buy. Mom continued to rent the apartment. Her existing lease will expire end of June this... View More

Jack Mevorach
Jack Mevorach
answered on Jan 13, 2025

No. The tenancy passes to the estate.

Jack

2 Answers | Asked in Contracts, Immigration Law, Real Estate Law and Landlord - Tenant for New York on
Q: How should a landlord respond when one co-signer attempts to terminate a commercial lease without the other's consent?

In this specific situation:

1. Co-Signer A does not participate in the daily business operations of the store.

2. Co-Signer A accuses Co-Signer B of financial misconduct, personal betrayal, and claims that Co-Signer B is an illegal immigrant.

3. Co-Signer B manages the... View More

Anthony Armando Nozzolillo
Anthony Armando Nozzolillo pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 11, 2025

Greetings:

A Commercial Landlord is not an arbitration, mediator, or babysitter for issues by and between its Tenants. The Landlord/Tenant-Guarantor relationship simply establishes that the Tenants enter into a "privity of contract" and "privity of estate" relationship...
View More

View More Answers

1 Answer | Asked in Real Estate Law and Elder Law for New York on
Q: My girlfriend lived in Someone’s home for 10 years the last 3 taking care of him

The person did not include her in the will And the children want her to vacate within the month

Steven Warren Smollens
Steven Warren Smollens
answered on Jan 5, 2025

Eventually the heirs will secure the right to take possession when one is designated by the local Surrogate Court as Administrator of the Decedent Estate. When that day comes that person would serve either a tenancy termination notice or a Licensee Notice to Quit.

1 Answer | Asked in Real Estate Law for New York on
Q: Hi, I would like to know how to break the lease of my son please who wants to move out of his place.

My son is living with 2 roommates and 1 of them is not paying, the other one has his father as guarantor. My son is always paying his share since 2 years. As a guarantor, can I get out of this contrat? My son's lease is finishing at the end of June 2025 but he wants to live before because of... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Jan 4, 2025

This is not a simple undertaking. Guarantors often have no way to avoid the contract obligations in the event of a default paying rent.

Consider a legal consultation.

2 Answers | Asked in Probate, Estate Planning and Real Estate Law for New York on
Q: Can a family member WAIVE THEIR RIGHTS TO A WILL inorder to put a deed to a home in another family members name
Marco Caviglia
Marco Caviglia
answered on Jan 9, 2025

I interpret the question as may a beneficiary to an inheritance of a house disclaim the benefit? In that instance, it is as if you did not exist in the will [at least as far as the house goes] and any other beneficiary [such as a sibling also given a share of the house] could have his share... View More

View More Answers

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Landlord's cleaner took 5 days to take pic of wall hole they say I caused. Is their 5 day delay strong argument for me?
Steven Warren Smollens
Steven Warren Smollens
answered on Jan 8, 2025

Dear Manhattan Tenant:

A New York landlord has 14 days to present a former tenant with the written itemization of damages the landlord will charge against the tenant's security deposit and to refund the balance of the security deposit. A tenant has no right to return after moving out...
View More

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.

View More Answers

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...
View More

View More Answers

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

View More Answers

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.

View More Answers

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
PREMIUM
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

View More Answers

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

View More Answers

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

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.