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 »
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 »
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.
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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.
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 »
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 »
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.
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 »
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 »
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 »
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.
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 »
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.
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 »
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 »
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.
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!”
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