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New York Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: I have accidentally signed two leases, I did not know I was signing the leases when I did it.

I haven't moved into the place, the leases are for 2023-2024.

Carl Nelson
Carl Nelson
answered on Nov 30, 2022

It would be helpful to have more information about the leases and the facts surrounding them. For example, how was it that you did you not know you were signing a lease if you in fact signed it? The facts surrounding the signing and whether a contract was formed may also be relevant. Was there... Read more »

2 Answers | Asked in Real Estate Law and Probate for New York on
Q: How long does it take a lender to find substitute Administrator ?

The property is in Brooklyn . My father was the only person on the mortgage. When I was added to his deed , I was recorded as the Administrator. I only found out recently that I needed court papers to become an Administrator, which is what I am trying to do now. I don’t know why I was ever... Read more »

Carl Nelson
Carl Nelson
answered on Nov 30, 2022

The lender does not find an administrator; rather the lender needs to obtain jurisdiction over whoever is vested with title to the property the lender is seeking to foreclose by substituting and serving them with process.

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2 Answers | Asked in Real Estate Law and Probate for New York on
Q: Can the bank sell my property if no Administrator has been appointed?

Before my father died , I was incorrectly added to the deed , “As Administrator” . I have been working on obtaining Letters . The court appointed Administrator waived his rights as Admin and consented to allow me to become the Administrator. I am now waiting for the Court to issue me Letters... Read more »

Carl Nelson
Carl Nelson
answered on Nov 30, 2022

It would be helpful to know where the property is, but generally a foreclosing lender will have the ability to substitute a party in the case of the death of a mortgagor/defendant. Other relevant factors that would be helpful to know are whether the decedent owned the property solely or with a... Read more »

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1 Answer | Asked in Contracts and Real Estate Law for New York on
Q: How to review a NJ property contract?

Hi--

My wife and I are reviewing a contract to buy property in NJ and we would like to retain the services of an attorney as soon as possible in order to handle the attorney review. We'd like to sign the contract today so we'd at least to retain somebody since we would have 3 days... Read more »

Michael David Siegel
Michael David Siegel
answered on Nov 22, 2022

This is bread and butter work. You are posting on the NY board. I am admitted in NJ and NY. However, if you just call a local lawyer near the property (which you can find on this site or Google), it would be fine. Do not sweat it. Once you hire the lawyer, attorney review can be extended by... Read more »

3 Answers | Asked in Real Estate Law for New York on
Q: I recorded a lien on a home for $400k for money I’d given that was not returned,foreclosure now,Iamserved as defend. Y?

A person I knew asked for a $400k investment with the promise of a return. Never materialized. Waited substantial amount of time before recording a lien for the $400k on his home in 2008. He would not answer the entire time so I waited. And now I was served papers last night and I am named as a... Read more »

Carl Nelson
Carl Nelson
answered on Nov 11, 2022

In New York, subordinate lienholders (I am assuming your lien was perfected after the foreclosing lender and was subordinate to the foreclosing lender’s lien) are served in order to be put on notice.

A foreclosure action forecloses the rights of the property’s owner, as well as...
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1 Answer | Asked in Real Estate Law for New York on
Q: The selling agent of the house we were going into contract with had prior knowledge of a lien and did not disclose

PROPERTY LOCATED in AVERILL PARK NY what are my options as the buyer if the sellers agent was aware of an imminent lien was to be placed on the property but let me go into contract anyway only to have the closing being stopped the very day of the closing because a $75K lien was placed on the... Read more »

Michael David Siegel
Michael David Siegel
answered on Nov 9, 2022

No. The agent is not your agent. The contract will govern what happens. I am sure if drafted correctly this must be cleared at closing, or seller is in default.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: As a Landlord can I submit a bounced rent check intended for a previous month to cover money currently owed by tenant?

As a landlord, my tenant owes me money for a months rent and refuses to pay. I sold the property but tenant still resides in the residence with new landlord. Money for 1 month rent was owed to me before selling property. Tenant had given me a check that bounced intended for a previous month.... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
answered on Nov 8, 2022

You may try to deposit the check again. Be aware that the Uniform Commercial Code permits a bank to refuse to honor a check more than 6 months old, so that’s another issue to consider. Of course if you try to deposit and the check is dishonored again, you will have to pay the fees to the bank a... Read more »

1 Answer | Asked in Real Estate Law, Appeals / Appellate Law and Legal Malpractice for New York on
Q: went to a closing 12/4/2007, began signing mtg docs, seller would not sell house. rec'd atty letter no funding

funds could not be released. Chevy Chase Bank was assumed by Capital One bank 2009.

Completed takeover 2010. November 10, 2012 Chevy Chase a (DEFUNCT) bank filed a lien on the property (incorrectly - wrong block and lot number), Chevy Chase (DEFUNCT) bank assigned the purported mortgage... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
answered on Nov 8, 2022

When is the foreclosure auction scheduled? If there was a defect in the assignment, you may be able to file an Order to Show Cause to stay the sale, but only before the auction is completed. After that you would have a very hard time undoing the sale.

1 Answer | Asked in Bankruptcy and Real Estate Law for New York on
Q: NY Chap 7 dischrg in 2019 still residing in home in foreclosure awaiting auction. still have the right to file chap 13??
Todd Alan Morth
Todd Alan Morth
answered on Nov 5, 2022

You are able to file a Chapter 13 in this situation. However, you may not receive a Discharge in this new Chapter 13 case because you may have received a Discharge in a Chapter 7 bankruptcy filed within the prior 4 years. Even if you cannot receive a Discharge, you can still file a Chapter 13... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for New York on
Q: My husband and I just got a copy of our house deed. We live in Buffalo New York area. Our deed states “tenants in common

With rights of survivorship.” We we’re not married when we bought the house but have since married. Should we change the deed to “husband and wife joint tenants with right of survivorship “ to avoid probate in the future. If one of us dies and the other wants to sell the house Or leave the... Read more »

Jason D. Jones
Jason D. Jones
answered on Nov 4, 2022

You must transfer the deed from tenants in common to joint tenants with rights of survivorship or tenants by the entirety to avoid probate. Feel free to contact me with me if you have further questions.

2 Answers | Asked in Civil Litigation, Personal Injury and Real Estate Law for New York on
Q: My question is with regards to liability. Bank owned property.

There is a large tree in the backyard of the property that has displaced my fence, and also caused damage to my backyard's foundation due to the roots growing through the ground. The property is also occupied by squatters and the bank may, or may not be attempting to evict. (I've reached... Read more »

Michael David Siegel
Michael David Siegel
answered on Oct 26, 2022

There might be liability for the bank. But, you can also sue and get a lien on the property. If you want the tree out, call 311 and see if the City will do it and put a repair lien on the property.

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1 Answer | Asked in Real Estate Law for New York on
Q: Do I still need to pay NYS + NYC transfer taxes on the sale of a home in the amount of $10 between family members?
Michael David Siegel
Michael David Siegel
answered on Oct 11, 2022

There is no tax. There is a fee, and the proper ACRIS forms need to be filed with the deed. It is simple, but cannot be wrong. I charge $800, including the $177 recording fee.

1 Answer | Asked in Real Estate Law for New York on
Q: My deed states that my brother has a 1% interest in my house, and my wife + I have 99%, after we bought him out. Why?

In 2002, my brother and I bought a house. A few years later, after getting married, my wife and I wanted to buy him out, take his name off the deed, and add her name to the deed. Through a lawyer, we filed (what I believed to be) the appropriate paperwork, but I am now realizing that he is still... Read more »

Michael David Siegel
Michael David Siegel
answered on Oct 11, 2022

Is your brother cooperative or not? Generally, quitclaim deeds should be avoided, but re-doing the deed is the best option, just with a better form. You need your brother to sign.

1 Answer | Asked in Real Estate Law for New York on
Q: My father passed away March and he didn't have a will but he owned property

I have the original paperwork for the purchase of the property

Elaine Shay
PREMIUM
Elaine Shay
answered on Oct 9, 2022

If your father had other assets, you will need to file for an Administration in Surrogate's Court. However, if the property is the only asset, title to the property vests in the heirs by operation of law. Your interst in the property is determined based upon the other surviving relatives of... Read more »

2 Answers | Asked in Real Estate Law for New York on
Q: How do I get money back from someone who thought they own a house and it turn out that they didn't
Michael David Siegel
Michael David Siegel
answered on Oct 5, 2022

You call the police. You were defrauded.

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1 Answer | Asked in Real Estate Law for New York on
Q: LESSEE WAIVES ANY RIGHT CREATED BY ANY LAW NOW OR HEREAFTER IN FORCE TO MAKE REPAIRS TO PREMISES AT LESSSOR'S EXPENSE?

DON'T KNOW WHAT THIS MEANS .I AM THE LESSOR

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 4, 2022

It is your Lease Contract which I assume you proffered to the Lessee. Any right to reimbursement from rent monies owed for any repairs the renter performs are waived or given up. So if renter fixes a drain, he does not ask you for money or a surcharge to his rent.

2 Answers | Asked in Real Estate Law for New York on
Q: Wondering if I can take legal action against a seller/ contractor/ flipper after I the buyer waived the home inspection

I had made an offer on the house and was told by My realtor that it was between me and one other if I waived the home inspection I would get the house, I asked about the roof and the realtor said that the seller said it looked good when they looked at it so now 8 months later I need a complete... Read more »

Elaine Shay
PREMIUM
Elaine Shay
answered on Oct 3, 2022

Difficult case without the disclosure which generally depends on the exact terms of your contract and whether the seller actively concealed the condition. Worth a conversation with your closing attorney.

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1 Answer | Asked in Real Estate Law for New York on
Q: I live in Bklyn, NY and received a violation to repair a retaining wall that is not on my property line. Shared driveway

Broken part of wall is at the entrance of a shared alleyway used by all the residents on the block to access garages. Where can I find the law that covers who is responsible for upkeep of retaining wall and how do I prove to the city that the violation they gave me does not involve my retaining... Read more »

Jack Mevorach
Jack Mevorach
answered on Sep 28, 2022

Have a free telephone consultation with counsel.

Jack

2 Answers | Asked in Real Estate Law and Contracts for New York on
Q: If you sign a real estate contract but tell your lawyer not to send it and they do, is that contract enforceable?

My elderly father signed a contract that had no closing date. His lawyer did not tell him either. He signed the contract then instructed the lawyer to NOT send it to the buyer yet. He did so both verbally and through text. Is there any legal recourse? Is the contract valid if the lawyer went... Read more »

Elaine Shay
PREMIUM
Elaine Shay
answered on Sep 22, 2022

When an attorney acts on a client's behalf, they generally do so as an agent with apparent authority to bind the party for whom they are acting as an agent. However, if the agent (lawyer) acted against your father's directions, your father may have a claim against the lawyer.

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Q: I live across the street from a developer who used to play nice. You knew what was going to be built 6 months in

advance, I checked the plans that often. Then BOOM, they are bulldozing across the street and I get told one day “that is not an office building across the street they are building—it’s gonna be a hotel!”

WAS ALL OF THAT LEGAL?????

It’s been a few years.

Do Towns... Read more »

Elaine Shay
PREMIUM
Elaine Shay
answered on Sep 22, 2022

Your concern about neighboring development is understandable. However, there is no way to provide a meaningful response to your inquiry based upon the information you have provided.

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