I am involved in a foreclosure action in NYS. The bank added a person who lived in my home, but had nothing to do with the mortgage, deed, or title, as a co-defendant in the foreclosure action. Can this person be removed from the lawsuit?
No. They need to be in there to eliminate any claim of tenancy.
I am involved in a foreclosure case. For some time, I had a live-in companion who provided assistance with my health care. No written or oral contract existed between us charging rent. Ioften paid her in cash for her services. The bank claims she is/was a tenant and wants her added as a defendant... Read more »
Not only is it legal, it is correct.
To NY state can they lien my home if he is not attached to it?
No, unless the money is coming from him. If so, there is a technical legal argument that is unlikely to happen that could be used against you.
Hello counsel. I’m renting a room for 13 months. Payments are always due on the 27th day of the month (the day that I moved in). On the 23rd of this month (11/23) I gave my landlady and roommate a 30 days notice. I did not pay the rent, thinking’s that I could use my deposit. She texted me... Read more »
You are supposed to pay the rent. However, practically, you cannot be evicted any quicker.
We cannot find the holder. We are trying to understand the implications. Could the house be taken away from us after we buy it, what is legally deemed as effort to contact the holder, is there a legal recourse to remove it from the deed?
That potential executory interest means you do not have fee simple absolute title. You may have to file a Quiet Title Action to have the interest terminated and vest you with the fee. It may be easier to find the person holding the right and pay for a Quit Claim Deed. Either way, you will have... Read more »
I live in upstate NY and currently trying to break my lease due to unsafe living conditions such as broken windows in common areas (It's 20 degrees right now), harassment by other residents, drafty windows and poor heating (Again, Upstate NY is really cold), and so much more. I emailed my... Read more »
From the description you provided, it appears that the property manager is not adding terms to the lease but allowing you to negotiate for an early termination for the payment of a fixed sum. This type of early termination fee is commonly negotiated regardless of whether it is included in the... Read more »
I have been living in my apt for 5 years 2 month. 1st year I had a lease then month-to-month (I guess)
Then mid Oct I recieved a call there needs to be a home inspection. OK porential buyers want to keep me. SO far so good
Fast forward, Nov 22, landlord calls me, you must be out... Read more »
If the premises is not rent-regulated and you don't have the protection of a current lease, the landlord can request that you move upon 90 day written notice. In the event that you don't vacate by the expiration of the notice period, the landlord would have to next commence a holdover case in... Read more »
For what? No case here.
Church is incorporated and registered as religious corporation.yes, we are looking to dissolve and realize this requires court proceedings. The membership is next to nothing. Pastors health is seriously diminishing. The mortgage is paid monthly and is being held by the original owner of the... Read more »
This is actually a little more complex than you make it. Is church a registered religious corporation? Are you looking to dissolve the corporation? It may require a court proceeding.
It depends upon the cooperation of potential distributees. If it is done correctly and everyone cooperates, it could be in 3-4 weeks.
My mother's name and father's name is still on the deed. Does the surviving children still have rites to the home?
Yes. He owns half. Your mother's estate owns the other half, of which you are the heir. Unless divorce decree said different.
Signed away all rights to house in divorce, but spouse hasn’t and won’t refinance to take my name off mortgage. She plans on selling and I will get no money in the sale, would I get hit with a capital gains tax?
Not if all proceeds are reflected as going to her on the 1099.
Divorced, haven’t lived in home for 4 years. Ex promised she would refinance, she hasn’t and won’t, mortgage company states that an assumption of mortgage cannot be done. There is no divorce decree, everything was settled privately, I took her at her word that she’d refinance . I want my... Read more »
You have no options. Should have done a divorce decree. You can sue for partition to force a sale, and get the mortgage paid off.
We are purchasing this 5 acre lot that’s attached to our primary address. Part of the lot is residual. Our primary house has two acres with it that is residual and assessed for $42,000 just the land not the house. We don’t know if this will be our forever home and want to make a wise decision... Read more »
You are conflating real estate law, real estate tax law, and income tax law in a way that is creating an issue that is not an issue. If the adjoining land is a separate tax lot, you will pay two tax bills. You can consolidate tax lots, but the cost of doing so will outweigh the extra 50 cents... Read more »
You need to file the bond with the clerk. There is a fee. The judgment will be stayed until the appeal is over.
No, it is not true.
I bought a 2 family house with my daughter. I paid cash for my half and co-signed her mortgage for her half.I want to sell now and she doesn't. If I file a partition lawsuit and we sell do we pay the mortgage and share what's left over or do we pay the mortgage and I keep what's left over since I... Read more »
You pay the mortgage and then there is a Referee hearing on the return of the deposit. You should get a credit for it. But, there are credits of use and occupancy, expenses, etc. , also.
My boyfriend’s parents bought a house in 2001 from a man who was the sole owner. It was not bought from a bank, he was the only owner. He died 6 months ago and his wife is also dead. The problem is there are monthly payments still to be made on the house. The lawyer says he has a son who is like... Read more »
It depends on the agreement you signed, and whether it is recorded. The payment agreement does not "die" but it is unclear to whom you should be paying. Keep the money aside. You owe someone. Also, if you are supposed to get the land, you need to act quickly to make sure your rights are... Read more »
I recently requested my rent history. It tells an interesting story.
No one in my (formerly regulated) unit has paid the “legal rent” since 1993. All tenants have since paid a preferential rent, never more than $1,450. However, despite this, every time a tenant moved out (7 times in the... Read more »
The situation you described involving the preferential rent isn't surprising. The 18%-20% increase is generally associated with vacancy increases. If you want to challenge the deregulation, you can always take a shot with the DHCR
I was temporarily not living there while evicting an ex girlfriend. She is the one served on the paperwork i want my house back and the 16000 dollars ive wasted on living and animal boarding
It is legally possible to foreclose against a property owner for nonpayment of common charges. This process could have legally proceeded even if you were not personally served with the papers commencing the case; however, the affidavits of service and other documents would need to be carefully... Read more »
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