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New York Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for New York on
Q: How do I obtain a "Letter of Satisfaction" for a mortgage that my name has been taken off of without my knowledge?

My name is currently on the deed and all of the original mortgage finance papers filed with the state. My ex Husband did a loan modification without my knowledge and my name is not on that modification.

Michael David Siegel
Michael David Siegel answered on Jun 2, 2020

I am not sure what your concern is. You are on the deed, so you own the property. If the old mortgage is still appearing, you can call that bank and get a satisfaction filed. If you are not on the new mortgage you do not have to pay it, so it seems in your interest. How your ex accomplished... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: Is there a limit for how long it takes an application to rent an apartment in NYC? Can I get my deposit back if so?

It has been 3 weeks since I applied and I am running out of time to find a place. I was told the unit would be available by June 1, which is obviously not happening. I don't want to miss out on places just to find out I've been denied. Help!

Elaine Shay
Elaine Shay answered on Jun 1, 2020

The HSTPA of 2019 gave tenants in NYS substantial new rights. This includes limiting fees associated with renting an apartment to only $20 for a credit check. If you were charged additional fees, you may seek to recover them.

3 Answers | Asked in Contracts and Real Estate Law for New York on
Q: We are doing a private home sale in New York. Can we ask the buyer to provide mortgage down payment information?
Vincent Gallo
Vincent Gallo answered on May 30, 2020

Of course, you’re entitled to know if they can really afford to purchase your house.

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2 Answers | Asked in Real Estate Law for New York on
Q: What do you do if a sibling won’t sell a house that was left to 2 siblings. The house has no mortgage.

The 1 sibling has always lived in the house & continues to but won’t sell the house or take a mortgage to give the brother his share. Currently a lawyer has been working on this close to a year with no resolution

Michael David Siegel
Michael David Siegel answered on May 29, 2020

You need to bring a partition action. I am not sure what the lawyer is doing, but that is the process. It is certainly possible that an action has taken over a year to resolve.

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2 Answers | Asked in Real Estate Law for New York on
Q: Can I change the locks on my door to prevent three licensees from entering.

A Stipulation Agreement was issued in December ordering my sister, her husband and 22 year old disabled child to vacate on or befire May 31, 2020. In March that family went to Baltimore to reside with their oldest daughter during this pandemic. I am 71 years old and their return may be a threat to... Read more »

Michael David Siegel
Michael David Siegel answered on May 27, 2020

If they surrendered the tenancy by written agreement, then you can change the locks. To see how iron clad the agreement is, a lawyer would have to read it.

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2 Answers | Asked in Consumer Law, Criminal Law, Foreclosure and Real Estate Law for New York on
Q: What type of attorney specializes/handles mortgage loan modification fraud?

Homeowner lost her job and couldnt pay mortgage for a few months. A servicer suggested that a mortgage modification is available if payments are made. The homeowner made the payments to the servicer, but the modification never occurred and now is at risk for foreclosure.

Derek John Soltis
Derek John Soltis answered on May 27, 2020

Have you appealed the decision? When did you apply? What is your current interest rate?

There are a lot of factors that go into a loan modification. Just because you didn't qualify 6 months ago, doesn't mean you won't qualify now.

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2 Answers | Asked in Real Estate Law for New York on
Q: How long should it take for my first month’s rent from my rental application be refunded to me?

I paid an application fee and first month’s rent for an apartment I was looking to rent. The real estate agent told me if I did not get the apartment, then the first month’s rent is refundable, but the application fee is not. I could not get the apartment due to COVID, so it went to another... Read more »

Michael David Siegel
Michael David Siegel answered on May 26, 2020

I am sure you will get it. These things take longer when everyone is home. If you do not get it, you can sue in small claims when the courts re-open for it.

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2 Answers | Asked in Real Estate Law for New York on
Q: if my co-op went into foreclosure 2002 2004 i have not received any notice of what bank took over still living there ??

what are my options now the co-op is in westchester new york

Elaine Shay
Elaine Shay answered on May 26, 2020

Unfortunately, you haven't provided enough information to receive meaningful guidance. Are you the owner or a subtenant? What do you want to do?

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2 Answers | Asked in Real Estate Law for New York on
Q: If I don’t pay the two months left of my NYC lease will my roommates credit scores be affected?

I had to return back home to Ireland due to Covid - lost my job and didn’t have proper health insurance. My roommates are american and I don’t want to affect their credit if I can help it. When I told my landlord I’d struggle to pay May rent they ignored me and I haven’t heard from them. I... Read more »

Elaine Shay
Elaine Shay answered on May 21, 2020

When more than one individual signs a lease as a "tenant" they are each jointly and severally liable to the landlord for the payment of rent. That means the landlord doesn't get involved in whatever agreement exists between the tenants as the the amount each intends to contribute to... Read more »

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2 Answers | Asked in Real Estate Law for New York on
Q: Florida foreclosure and property lien??

Trying to make this simple... I live in NY a neighbor of mine needed a loan of 25k... And agreed if i give him the loan it would be as a mortgage on 2 pieces of property he owns in FLA which we did the legal way recorded against the properties in FLA citrus county...This was in 2011 and on loan... Read more »

George E. Patsis
George E. Patsis answered on May 18, 2020

Without further information regarding the legal contents of the note it is difficult to say whether New York or Florida law would apply. There may be a choice of law provision in the note. You should consult with an attorney in New York and Florida.

In New York, the statute of limitations...
Read more »

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2 Answers | Asked in Real Estate Law, Business Law and Landlord - Tenant for New York on
Q: I own a barbershop/salon the landlord wants 2 months of rent I'm suffering by the COVID19 Virus what is the best option?
Elaine Shay
Elaine Shay answered on May 18, 2020

Pursuant to Governor Cuomo's Executive Order, the moratorium on evictions has been extended to August 20th, so there is no immediate threat of eviction. However, the Executive Order does not relieve a tenant's obligation to pay rent.... It just temporarily removes the ability of the... Read more »

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3 Answers | Asked in Real Estate Law and Tax Law for New York on
Q: Selling sister's condo, profit of $65K, she is a missionary in Peru how can she avoid taxes until return in few years?

Hi. My sister has been a missionary in Peru for four years, and plans to do this for several more years. I am in the process of helping her sell her Condo in NYC. She will have a net equity profit of approximately $65,000 at sale, she does want to use this to buy her next home when she returns... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on May 15, 2020

If the property has been her primary residence and she has not changed residency then the property would qualify for the personal residence exemption and the first $250k in gain would be exempt.

There needs to be an analysis of her residency status. Just because she's out of the...
Read more »

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1 Answer | Asked in Real Estate Law for New York on
Q: I share a driveway with my neighbor and we have a 2 car garage in the back. How would I go about buying his part?

The drive way is an easement and the garages are attached on our respective properties.

Michael David Siegel
Michael David Siegel answered on May 15, 2020

You would have to subdivide his lot and then convey the subdivided lot to you.

2 Answers | Asked in Real Estate Law for New York on
Q: Do I need lawyer assistance in completing a "Tenancy deed with right of survivorship" to add my wife to the deed?

I own the home and want to add my wife to the deed. Do we need the assistance of a lawyer to have a "joint tenancy of survivorship" done legally? We are completing the forms and I know it needs to be notarized but does it need lawyer approval?

Michael David Siegel
Michael David Siegel answered on May 15, 2020

You do not have to have a lawyer, but as there is no such thing as a "tenancy deed with right of survivorship" and you are confusing the type of deed with the nature of the tenancy in the deed, it sounds like a lawyer, for a few hundred bucks, would be a good idea.

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1 Answer | Asked in Real Estate Law for New York on
Q: Property leased under my name by relative

Me and my sister rented/leased an apartment in NY under my name, I lived there for two years and moved abroad after a couple of years, for education and then for a career. I didn't talk to her too much because of a falling out we had. She passed away a few weeks ago and I had to go take care... Read more »

Michael David Siegel
Michael David Siegel answered on May 15, 2020

Call the landlord. As you are abroad, you are basically judgment proof in this country, so the landlord should prefer to have the real tenant on the lease.

1 Answer | Asked in Real Estate Law, Civil Litigation and Landlord - Tenant for New York on
Q: Landlord files a lawsuit in 2017. Never sent me any notice and its 2020. How can i get this cleared from my record?

In 2016 I lived with roommates and moved out the following year. I did not renew my lease and one roommate ended up staying. I returned my keys to the landlord and even wrote a nortarized letter stating i will not be returning, as per their request. Fast forward to 2020 i learn that they had filed... Read more »

Michael David Siegel
Michael David Siegel answered on May 14, 2020

If there is an existing judgment, and you never knew about the case, and you have a return of keys defense, you can move to vacate the judgment. I charge $800 for this motion if it is in Civil Court in NYC.

1 Answer | Asked in Real Estate Law for New York on
Q: Can the executor of a will sell a house that a family member is still living in?

My grandmother passed in September of 2019, and her will was made out back in 2003, when I was underage. I've been living with her in this house since 2002. Her niece is the executor of her will and is making plans to sell this house with me still living in it and I can't seem to get a... Read more »

Michael David Siegel
Michael David Siegel answered on May 13, 2020

You don't. The executor must follow the terms of the will. If the house is to be sold, then it must be sold. Since it will sell for more without you in it, there is some opportunity to negotiate a buyout of your tenancy. Obviously, it would have been nicer for your grandmother to have... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Need a Letter of Satisfaction prior to Quick Claim Deed, but he's refusing. Advice?

My parents are divorced but still own a house together. My father asked my mother for a quick claim deed on the house, which she agreed to. However, she needs a Letter of Satisfaction to make sure she is not financially responsible for the property/mortgage. He refuses to sign it, claiming she is... Read more »

Michael David Siegel
Michael David Siegel answered on May 13, 2020

You are messing up legal terms and concepts, and making this way too complicated. By contempt of court, I assume there is a matrimonial case. If there is a decree there, your mother must do what the decree says. If it was a stupid decree, you may need a motion in that case to clarify or amend... Read more »

2 Answers | Asked in Real Estate Law for New York on
Q: I bougt propery on a land contract. It was listed for sale again after I payed down payment and signed contract.

I went to propery andfound all my stuff was yrashed or missing from new buyer is this legal with out a forclouser

Michael David Siegel
Michael David Siegel answered on May 12, 2020

It depends what your contract says. Land contracts are usually scams. You should be able to get your money back.

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2 Answers | Asked in Real Estate Law and Land Use & Zoning for New York on
Q: how do I go about starting adverse possession /obtain deed on attached lot?

Bought a home 10 years ago. Title company at our closing found that attached lot was never transferred to previous owner some 30 years prior. The lot was mistakenly put in previous owner.s name. Previous owner used as a yard , cared for it, and paid taxes on it for 30 plus years (tacking). I... Read more »

Michael David Siegel
Michael David Siegel answered on May 11, 2020

An adverse possession case proceeds in a manner governed by the Real Property Actions and Proceedings Law. Among other things, you may be required to find the next of kin of the property. There are issues with your case. For adverse possession, you need to believe you own the property. It would... Read more »

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