I live in ny. My aunt tells me that the government is going to demolish the house and take over the property. Can they do that ?
I'm sorry for the loss of your mother. This would be governed by Puerto Rico law if the property is situated there. You could repost under Puerto Rico (click the linked text "Show More States"). Good luck
Tim Akpinar
Papers are signed and new owners say everything is theirs if each item had not been specified as ours. Do they now own our things?
You will need to carefully review the terms and conditions of the contract. Generally, any personal properties must be removed out of the premises prior to the transfer of the ownership (usually the closing date) unless otherwise stated in the contract. If any non-fixture items are left on or after... Read more »
The property in question is a small home located in rural Western New York State.
This is really something that the real estate attorneys here would know the best, but you await an answer for two weeks. Until you're able to consult with an experienced real estate attorney for the most meaningful input, as a general matter, a seller's commission obligations to the agent... Read more »
Mortgage has 8 years left and the mortgage holder says, I have to pay all the interest on it, as if, I were to take the 8 years left to pay? I believe this is wrong and possibly illegal? Please advise.
Whatever the document says governs. A prepayment penalty is not illegal. A Federally insured residential mortgage cannot have one, but it is not illegal.
Referring to - 2006 New York Code - Unlawful Eviction - 26-521 Unlawful eviction
Very likely yes. It's not about whether the landlord/owner is living in the building or space. It's about whether you are lawfully occupying the dwelling unit, has a valid lease, etc. If you are a lawful occupant, then any attempt by the owner/landlord to evict you for not-legally... Read more »
It’s a paragraph from commercial lease.
I don't see a question here, but the clause is not unique in commercial lease in NY. That's among the terms and conditions where lawyers for the parties involved negotiate vigorously for their clients.
The estate, citizen in the US, my brother and mother have no permanent residency. My brother signed a contract with a real estate behind my back. Does that contract is even valid provided I’m the one with Letters of Administration issued by the Queens Court. Also, when completing possible sale,... Read more »
Brothers contract is not valid. Whether only your signature is required depends upon the terms of the will and how the property was titled. If the property was left to the three of you, a sale requires all three signatures.
My cousin's father paid taxes on the land all of his adult life.
When he died, the town sent the bills to my cousins. They have been paying the taxes on the land for about 40 years.
They would like to gift the land to me, but title search shows the land still in my great-great... Read more »
You need a Maine lawyer. If it goes back that many generations, the title issues might make this an impossible mess.
I am a beneficiary for two properties. One of the properties I currently live in and the deed is half in my name. The other half is in my late relatives name. The second property I am owed half from the sale of the administrator. No wills were left from my late relatives. I went to mediation and... Read more »
Did you go at this along, representing yourself? I need a lot more information before I can give you a better answer. There are too many what if's.
Is there a time period in which this must be done?
You must file a petition in Surrogates Court to be given power to probate the Will and administer the estate, which would include transferring the house.
I am selling a property and the buyer was supposed to close 2 months ago. i want to call time is of the essence. What is the minimum time i have to give them legally. can it be a week or 2 or it has to be a full month?
It is customary to give 30 days but your contract must be carefully analyzed to assure that a time is of the essence demand is property made and delivered to the purchaser. In addition, arrangements should be made to schedule the closing and have a court reporter present to document that the... Read more »
I have recently signed a lease but have not moved in yet and I’ve been moved to part time at my job and will now not be able to afford it.
Based upon your changed circumstances, the landlord may be willing to release you from your lease but is not obligated to. It is likely that the landlord will try to retain any money you have already paid. It may be to your advantage to retain an attorney to negotiation a surrender on your behalf.
I should have gotten a lawyer to represent my interests at the time, but our co-homeowner agreement seems very lopsided now. I don't want to sell or take on another mortgage, but I need some kind of relief from the onerous conditions she keeps imposing. These include limiting my privacy,... Read more »
One option as a starting point could be to arrange a consult with an attorney to review the agreement. Without seeing that, it could be difficult for an attorney to advise meaningfully, solely based on general principles of contract law. Good luck
Tim Akpinar
The property has not been divided as of yet. My dad gave me his portion of his land. I want to purchase it . How do I do this. He lives in Florida, I live in NY.
Since the laws differ by State or Territory and the land in in Puerto Rico, you're question would be better directed to a legal practioner in Puerto Rico.
My mom passed over a year ago and we had the deed set up as joint tenants with right of survivorship. The title company just notified me there is no evidence of her passing since she was married and her death certificate states my step dads last name. Is there any way to avoid probate and prove to... Read more »
A copy of the marriage certificate should be sufficient proof of the name change. This would require communication with the title company to determine what else is concerning it.
Hi everyone..I am planning to buy a land (its in the commercial zone) for my 2 kids..I want them to be owner of the property..The problem is they are just kids, 5 and 7 years old..and I divorced long time ago.. I have joint custody with my ex..my kids are not living with me..My ex has the physical... Read more »
Probably, creating a family trust is the best option to suit your needs.
I’ve lived at this property for over 10 years they recently purchased their property which is already fenced
We need more factual background to better answer your question.
If your fence height is less than the legal max and it's located on your property, then RPAPL § 871 won't help the new owner requesting for removal of your fence unless it's encroaching on his/her land.
When a life tenant dies, the owner of the property has full rights. In other words if a property is deeded to A, reserving a life estate for B, when B dies, A has full rights to transfer or sell.
The answer depends on what you mean by "title liens." If you mean liens like mortgage, there is generally no statute of limitation (SOL) of any kind. But if you mean other types of liens such as judgment liens, then certain SOL apply, but these liens are often renewable. by the lien holders.
they are now experiencing health problems from said mold and yet their landlord won’t release them from the lease. what can be done about this?
Assuming that this is in NY, there is an implied warranty of habitability under the New York Real Property Law § 235-b. If your landlord doesn't repair the qualified conditions, then you have the right to withhold the rent. If the filthy condition has been established as well as its serious... Read more »
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