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New York Real Estate Law Questions & Answers
2 Answers | Asked in Real Estate Law for New York on
Q: what deed form do I file in the state of NY?

My father passed away November of 2023 in the State of New York, Cayuga County. He left no will. He owned a small parcel of land. I am the only next of kin. I went to court and obtained the letters of administration and went to the clerks office. They told me that I had to file a deed form but... View More

Michael David Siegel
Michael David Siegel
answered on Feb 21, 2024

There is a form of Administrator's Deed. That is what you need.

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1 Answer | Asked in Real Estate Law for New York on
Q: change a deed in NY
Anthony M. Avery
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answered on Feb 21, 2024

Call a NY attorney in the County of the property to draft that Deed.

1 Answer | Asked in Real Estate Law for New York on
Q: What are my options if I am paying mortgage on rental property but husband is keeping rental income from me in divorce?

I am going through divorce and my ex and I own a home that is being rented for rental income in NY state. I pay the mortgage but he has collected all the income from the house and refused to give it to me. The lease is only signed with his name. The house deed is in both of our names but the... View More

Michael David Siegel
Michael David Siegel
answered on Feb 19, 2024

The matter will be governed by your divorce decree. It should have specified who gets the income and who has to pay.

3 Answers | Asked in Divorce and Real Estate Law for New York on
Q: I am getting divorced. My wife and I purchased a home. However I am the only party on the mortgage. We are both on the

Deed.. She does not have the ability to buy me out or attain her own financing for the mortgage. We have a 4 year old child. Can I assume that the only course of action for the court is to force the sale of the home being that my wife wishes to keep the home? I do not wish to carry the debt for a... View More

Howard E. Knispel
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Howard E. Knispel
answered on Feb 11, 2024

The court wll likely force a sale of the property. You should speak to an attorney to get more specific advice on your particular case.

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3 Answers | Asked in Real Estate Law for New York on
Q: I have a purchase agreement now owner wants me to sign a rental agreement I plan to sue for breach of contract

By signing rental agreement will this hurt my court case for breach of contract

Peter Klose
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answered on Feb 8, 2024

Your question is not detailed enough to make a decision and give legal advice. The real estate purchase agreement may have provisions which address this. There are pro's and con's of your course of action. You should consult with a local real estate attorney/litigator because you may... View More

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3 Answers | Asked in Real Estate Law for New York on
Q: Two borrowers (not married) on a Joint Mortgage - one moves out, other stays

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

Carl Nelson
Carl Nelson
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

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1 Answer | Asked in Real Estate Law for New York on
Q: how do i get out of a lease
Steven Warren Smollens
Steven Warren Smollens
answered on Feb 5, 2024

Dear Manhattan Tenant

There is no perfect solution for breaking a lease. You provide no information. Residential or commercial? Long term rental or short [less than one year]? Security deposit or none?

Do you have a reason [cause] or not?

1 Answer | Asked in Real Estate Law for New York on
Q: My daughter.was recently on the deed alone. Legally she is power of attorney. I'm still holding the mortgage alone. Ca

Can I transfer the mortgage to her

Carl Nelson
Carl Nelson
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...
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2 Answers | Asked in Real Estate Law for New York on
Q: My ex boyfriend and I are co-owners of a house. The new agreement says I have sole & exclusive residency of the property

Do I have to let him in the house when he shows up?

Peter Klose
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answered on Jan 31, 2024

There are many "layers" to your question. First, you say "new agreement" -- does the agreement handle this issue. More importantly, do you intend to separate the ownership by doing a "buyout" of his interest. Do you have any legal restraints upon his presence in... View More

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1 Answer | Asked in Real Estate Law for New York on
Q: lien against my house will it expire after 10 years if the lien is renewed, will it carry the fee from the prior lien ?

The lien in in Nassau county NY

Peter J. Weinman
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answered on Feb 2, 2024

A lien against your house in New York is good for ten years and can be renewed for another 10 years. The amount of the lien remains the same once renewed but the statutory interest of 9% annually continues to accrue, and the lienholder will be entitled to interest through the date of payment.

1 Answer | Asked in Contracts and Real Estate Law for New York on
Q: I am a service contractor in NYC and work with many real estate property management companies.

The property manager signed a 1-yr weekly service contract with my firm. I was just informed they wish to terminate the agreement immediately, which is 9 months short of the 1yr term. How can I hold them to this contract if they will not permit my staff from entering the building?

T. Augustus Claus
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answered on Jan 10, 2024

To enforce the service contract with the property management company in NYC, you should carefully review the terms and conditions outlined in the agreement. If the contract specifies a one-year term, the property manager may be obligated to fulfill the entire duration unless there are valid reasons... View More

2 Answers | Asked in Real Estate Law for New York on
Q: escrow account created after forced sale and my siblings didn’t notify me of sale and escrow . This is Puerto Rico

There are 4 heirs in this scenario. My father’s wife and his two children. I had received a letter in 3/20( Covid) i was sick al’s in hospital. It’s

my believe the property may have been sold under value , in 2010 the value was at 47,900

I just found out they the grape vine... View More

Elaine Shay
Elaine Shay
answered on Jan 2, 2024

If your father was a resident of Puerto Rico and the property is also in Puerto Rico, you question is better directed to an attorney in that jurisdiction.

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1 Answer | Asked in Real Estate Law for New York on
Q: I was arrested for being on a property when a squatter came with police. I had in my possession evidence of ownership.
Anthony M. Avery
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answered on Jan 3, 2024

What is your question? Go to Court and testify to ownership of the real property. You may have a title dispute, so have an attorney search the title prior to Court.

3 Answers | Asked in Real Estate Law for New York on
Q: Can a person be sued for not disclosing proposed actions to a neighborhood if that information is already public info.?

To keep it simple, "Can a person be sued for not disclosing information that has already been made public?"

Relates to real estate home sale.

T. Augustus Claus
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answered on Dec 28, 2023

In the context of real estate transactions in New York, a person may not typically be sued for failing to disclose information that is already public knowledge. If the information in question is readily available to the public and does not involve hidden defects or undisclosed issues, there might... View More

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1 Answer | Asked in Real Estate Law for New York on
Q: My ex husband put my name on 3 different properties without my consent and won't tell me where the property is how do I
Anthony M. Avery
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answered on Dec 26, 2023

You can start by calling the taxing authorities in various Counties where the ex spouse might have owned real properties. Also look at the divorce file. Also research online about any of his possible addresses, and search those Counties also. How did you find out about your estates? Tell... View More

2 Answers | Asked in Real Estate Law and Civil Litigation for New York on
Q: The concept of easement of necessity needs to be explored and litigated for me…any takers?

City of Cohoes

Tim Akpinar
Tim Akpinar
answered on Dec 14, 2023

It's difficult for attorneys here to take up your offer - this isn't set up like an attorney referral site; it's only short format legal Q & A - no solicitation. If you're seeking an attorney for Civil Litigation/Real Estate work, one option, in addition to your own... View More

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1 Answer | Asked in Real Estate Law and Gov & Administrative Law for New York on
Q: Are there in laws that prohibit a Florida real estate developer from advertising our community in New York?

We sell vacation homes and have many clients from New York. We are thinking about participating in a property show but want to make sure its ok to advertise FL properties in New York. Our company is in Florida and so is the community that we would like to advertise. THANK YOU

Alex B. Pia
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answered on Dec 1, 2023

A general concern for interstate property advertisements is whether you are in compliance with any federal/local fair housing and discrimination laws - which can vary by state and city. If you are working with a local broker your agreement should specify that they are taking on these compliance... View More

1 Answer | Asked in Land Use & Zoning, Municipal Law and Real Estate Law for New York on
Q: Can you live in a tent on private land in monroe county new york?
T. Augustus Claus
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answered on Nov 30, 2023

In general, residential areas in Monroe County are zoned for single-family homes. This means that you would need to have a permit to live in a tent on private land in a residential area. However, there are some exceptions to this rule. For example, you may be able to live in a tent on private land... View More

1 Answer | Asked in Real Estate Law and Estate Planning for New York on
Q: Hi, Can I sell my portion of a house in PR?

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

Carl Nelson
Carl Nelson
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...
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2 Answers | Asked in Real Estate Law for New York on
Q: My 2 brothers are on the deed with my mother in the state of Florida. If she dies do I have any rights to the house?
T. Augustus Claus
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answered on Nov 29, 2023

Whether you have any rights to the house if your mother dies depends on the specific circumstances of the situation. If your mother has a will, the will will control who inherits the house. If your mother does not have a will, the house will pass to her heirs according to Florida's intestate... View More

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