i closed on a property in October 2020? one of the contract clause is that the seller will pay the DOB violation. The title company was supposed to pay for the DOB violation from the proceed as agreed. However, i discover the fund was returned to the seller as a "mistake". how i am... Read more »
Greetings: You should advise the attorney who represented you at closing as to what transpired; have he/she correspond with the Title Company and have them review the "ESCROW AGREEMENT" you signed at closing with respect to this violation.
Best of luck.
A Notice of Pendency of lis pendens does not have to be associated with a foreclosure. However, an action related to title must be commenced within 30 days.
I do not understand the question. You are in foreclosure. Your answer asserts defenses. If they are not sufficient, you will lose the case, and ultimately the judgment in the case will be to sell your house at a foreclosure auction. If you win the case, the house will stay yours.
I am not sure what you are asking. A notice of pendency goes with a lawsuit. You need to answer the lawsuit. A notice of pendency functions like a lien, which preserves the property for the result of the lawsuit. Until the lawsuit is dismissed, it will impact the sale of the property and likely... Read more »
Please cancel question.
Greetings:
The short answers are:
1. You can always terminate an attorney client relationship; at anytime;
2. Pursuant to the Statute of Frauds, any binding arrangement regarding real property must be memorialized in writing to be legally enforceable.
If 2 applicants apply for a rental apartment one section 8 and 1 is a working applicant. Is it violation to Fair Housing if landlord accepted to working applicant over the section 8?
Housing discrimination based upon source of income is prohibited in most instances in NYC. You may find information on this issue at: https://ag.ny.gov/source-income-discrimination
The prospective buyer lawyer put a notice of pendency on my property based on the fact that the survey company was not allowed onto the property but then I complied and allow the survey on my property an extended extensions of closing dates and they still have not closed
Your question is best directed to the attorney handling your closing. If your closing attorney doesn't handle litigation, you should consider retaining real estate litigation counsel to assist.
As for a lis pendens you should be aware of the following legal requirement:
2010... Read more »
I have a brain injury, and live on a disability injury settlement. there was a person at the management company who tried to overcharge me every month, and would send me insults in their monthly statements (I saved all the emails). when I sold the apartment, they told me they can stop the sale if I... Read more »
Greetings:
If indeed there was this impropriety as you describe, you would certainly have grounds to sue.
Currently some family members have built houses on the land. We would like to find out how much land she would currently have? We like to built on the land as well. Not sure where to start? Or how much this would all cost. We have asked some family members but no one seems to know anything. Thank... Read more »
Greetings:
You would need to ascertain who is the vested owner of the property by having a "last deed search" run. Once you are in receipt of the deed, this will reflect who is the "of record" owner of the property. If it is discovered that the land is currently owned by... Read more »
We are in the process of closing on a house. The seller would like to stay 7 days past the closing and pay for it. With Covid 19 what happens if she refuses to move out after the 7 days? Could we get stuck with her as a tenant and not be paid for her stay?
Greetings:
What you are referring to is called "post posession". This does NOT create a landlord/tenant relationship..whereby if the Seller stays beyond the 7 days...(their attorney should be holding money in escrow as an incentive for you to allow the post possession)..you will... Read more »
Do you need to start 713(5)notice or 90 days eviction notice or ejectment
Generally, after purchasing in foreclosure you may remove a former owner through a Housing Court proceeding. It may be tempting to consider serving your own predicate notices. However, even a small error in such notice can result in dismissal of your entire case after months of litigation. In... Read more »
I had a houseshare agreement, not a standard lease. However, the new law from 2019 states that security deposit must be returned within 14 days. It is now well past 14 days, but my original lease from February 2019 states she has 30 days to return my security deposit. Since we signed a new lease... Read more »
You shouldn't count on any time periods for notice being enforced during the Covid crisis.
If my father passed away and the apartment is in a trust under my name and my sister could the girlfriend claim squatters rights or say we can’t kick her out?
Since the laws for property rights vary from State to State (or Territory), a New York attorney cannot answer that question for you. Consider posting your question in the board for that area.
Loan as well as the title. After closing the title will be ONLY ON MY DAUGHTERS NAME
Will my fiance kids (all married) claim the house when hes not around anymore?
You could repost and add Real Estate, Probate, and Estate Planning as categories - those areas of law are closer to the issues you raise than the Family Law category is. Not every question is picked up, but you could have better chances there. Good luck
Tim Akpinar
Generally, in New Yorkdirect contractors, subcontractors, material suppliers, equipment lessors, laborers, design professionals, and landscape gardeners who performs labor or furnishes materials for the improvement of real property may place mechanic's lien on property due to nonpayment. When... Read more »
another tenant because she was startled and didn't know who he was, she is claiming now she feels unsafe to open her door, landlord doesn't know i have a boyfriend, can I get in trouble
It's unfortunate that your neighbor had an argument with your boyfriend but hopefully you can smooth that over. It sounds as if you are nervous about the landlord finding out you have a boyfriend stay over but that is not something you would usually need to be concerned about as the landlord... Read more »
If one of the owners of a property cannot appear at the closing, the nonappearing owner can give his/her Power of Attorney to someone who will be attending the closing. The person appointed by the Power of Attorney would than be able to sign on behalf of the nonappearing owner.
I just purchased a home with clear inclusion of two sheds on the RPR and the Contract. Upon moving in, paperwork was found in a cabinet in a pile left by the owner disclosing that one of the sheds is a rent to own with around 20 payments left. I have already loaded the shed with my personal... Read more »
This is something that an experienced real estate attorney should advise on, but your post remains open for three weeks. If you did not already have an attorney representing you in the matter, you could consider reaching out to one and ask them to review the contract and/or provisions for handling... Read more »
Our by-laws dictate that the board must have an annual election meeting to elect board members. Because no new candidates announced their candidacy, the board decided not to hold the elections at the meeting and the current Board will remain until the next year.
The by-laws do have strict... Read more »
In order to give an accurate answer, the By-Laws would have to be reviewed. Some By-Laws will allow the current board to remain in place until a meeting with the proper quorum is present to hold elections or other variations that could make your Board's actions go either way.
Our appraisal came in good, and the mortgage bank is requiring us to provide a copy of the HOI and PIF invoice. Can someone elaborate further on what this is and where to obtain these documents?
HOI is Home Owners Insurance. PIF could be paid in full. It sounds like they are asking for you to provide an invoice showing that your homeowner's insurance is paid in full. The simplest way to verify is to ask the bank to explain the acronyms to be sure.
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