Stephen Bilkis Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 7, 2025

I'm sorry you're facing this stressful situation. Dealing with the aftermath of a parent’s passing, especially when a reverse mortgage is involved, can be very confusing and emotionally taxing.

In New York, when someone passes away without a will, their estate is subject to the... View More

While there are no immediate time pressures that would necessitate an ASAP filing, remember that each month your case does not get filed you are another month behind in your mortgage payments, which would slightly increase the "bare bones" minimum monthly Plan payment amount needed for... View More

If you have not been served with a summons for foreclosure you still have some time. Before a mortgage company can sell you property in foreclosure they use start a foreclosure suit. At that point you should start a bankruptcy. But be aware that a Chapter 13 is a payment plan. Assuming you want to... View More

Charles Holster Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 20, 2025

I would not make any recommendation to a client without first knowing all of the facts, which usually requires a review of the court documents in the case, as well as speaking to the clients.

But, in order decide whether to accept a settlement offer, rather than waiting for a decision on a... View More

If the foreclosure was just filed (as your questions suggests) it may not yet be the right to to consider a bankruptcy; especially if that is the only issue you are trying to resolve. If by "paperwork" you were referring to a notice of a sale, then that is a different story and you may... View More

Under the circumstances, you really should be hiring an attorney to represent and counsel you regarding legal strategy.

First, the legal process you're referring to is called an "Order Show Cause," not a "Motion to Show Cause". If you file this legal process as a... View More

Benjamin Z. Katz 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

When someone dies and has a Will, the Executor manages the estate, including the real property, until the Executor distributes the property to the named beneficiaries. The Executor's duties include ensuring that the property is secure. Effectively, the Executor is the landlord of the premises... View More

I’m very sorry to hear about your situation—it sounds incredibly difficult. Based on what you’ve described, there could be a few legal considerations regarding liability for your belongings.

Ownership & Access Rights

Since you are still a 1/4 owner of the property under... View More

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

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 29, 2023

If you've received a notice from the City of Troy regarding foreclosure due to unpaid amounts, it's important to take this seriously. Municipalities in New York can initiate foreclosure proceedings for unpaid property taxes or other municipal debts without necessarily taking you to court... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2025

It's understandable that you're concerned about the remaining loan balance after the foreclosure sale. The first step is to contact the bank to request a detailed statement of the loan balance after the foreclosure, including any deficiency amount that still exists. This will help you... View More

More information is needed to properly answer your question.

It means you are being scammed, and deeds that are really part of a property flipping scheme are illegal, so they are trying to cover it up when they record it.

The answer to your question will depend upon a number of variables. My recommendation is that you retain legal counsel to, at the very least, review the matter and give you some guidance from there.

Good luck with your case!

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.

It's possible.

Jack

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.... View More

Contact the Executor of the estate and inquire.

Jack

Your mother's estate will be responsible for the mortgage or, if title passes to you, you may be able to work something out with the bank.

Jack