New York Real Estate Law Questions & Answers

Q: My mother owns her condo with her late husband as tenants in common - his 1/2 is now part of his estate with his 4 kids

1 Answer | Asked in Real Estate Law for New York on
Answered on Feb 14, 2019
Michael David Siegel's answer
Your real estate attorney is right. However, the lien is only on the part of the property belonging to that child, not the whole property. The proceeds for that child must go to pay the judgments. There are work arounds as long as the child is cooperative, and the attorney should have discussed these before talking to the title company.

Q: I am selling a house with a tenant in the process of being evicted.

2 Answers | Asked in Landlord - Tenant and Real Estate Law for New York on
Answered on Feb 14, 2019
Elaine Shay's answer
Your best bet is to move forward expeditiously with the eviction process. In the meantime, you should consult with the attorney handling your landlord/tenant matter regarding obtaining access.

Q: s there a statute in New york State about landlord access to an apartment

1 Answer | Asked in Real Estate Law for New York on
Answered on Feb 14, 2019
Elaine Shay's answer
The rights of the landlord to access an occupied apartment can be impacted by the provisions in a lease as well as the purpose for desired access. More information would be useful to provide a relevant response.

Q: Good evening, My sister G lives in NYC and is being evicted from a coop bldg. She lived for over 20yrs with an old lady

2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Adoption for New York on
Answered on Feb 13, 2019
Michael David Siegel's answer
S is the legal heir to the coop, but someone has to pay and S would need to be approved by the Board as an owner. Thus, there are issues to deal with but it is possible.

Q: In Court private sale, when does the Court appointed transactional attorney get paid?

1 Answer | Asked in Real Estate Law for New York on
Answered on Feb 11, 2019
Elaine Shay's answer
It isn't clear from your question what type of situation you are referring to by reference to a court appointed transactional attorney. Was the property in receivership? Was a guardian appointed? Was there a foreclosure sale? Was an administrator or executor appointed by Surrogate's Court? In most cases, the court order making the appointment will provide the answer you are looking for.

Q: Aunt put home in her sister name in South Carolina. The sister died 4 years ago but aunt still paying taxes on home.

1 Answer | Asked in Real Estate Law for New York on
Answered on Feb 11, 2019
Elaine Shay's answer
Since the property is in South Carolina, the question is more appropriately directed to a local attorney in that state.

Q: What is the federal occupancy limit in square feet

1 Answer | Asked in Real Estate Law for New York on
Answered on Feb 11, 2019
Elaine Shay's answer
Federal laws do not generally set occupancy limits on real property in the various states. Instead the more relevant question would be what are the local laws pertaining to the issue... many may be found in local building code laws and regulations.

Q: What happens to the back taxes after the foreclosure claim is dropped

2 Answers | Asked in Foreclosure, Real Estate Law and Tax Law for New York on
Answered on Feb 7, 2019
Michael David Siegel's answer
You owe it, or there will be a tax foreclosure. The bank might pay it, but if they have not yet, the bank is not likely to do so in the future. The tax foreclosure goes like a regular foreclosure.

Q: Can you seek leniency from the court to avoid extreme hardship

4 Answers | Asked in Bankruptcy, Foreclosure, Real Estate Law and Landlord - Tenant for New York on
Answered on Feb 3, 2019
Jonathan David Warner's answer
No, not generally, but sometimes a Judge will grant some *limited* timeline (a few weeks, maybe) for you to vacate the property.

For what it's worth, and with all due respect, this is almost definitely not the first notice you've received. If you want to protect your children, it's best not to ignore these Court notices and to move out of your home quickly. While moving is not always easy, it's better to do so on your own terms - and without the Sheriff's deputies forcibly evicting you...

Q: Can NYC Marshal demand my rent check for my landlord's judgment? I am being threatened if I do not cooperate.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Answered on Feb 1, 2019
Elaine Shay's answer
In order to address your question, the notice you received would have to be reviewed.

Q: If a mailing and affidavit was done in accordance with CPLR 3215(g)(3)(i) and that mailing was returned from the usps

3 Answers | Asked in Divorce, Foreclosure, Real Estate Law and Collections for New York on
Answered on Jan 29, 2019
Michael David Siegel's answer
The initial mailing is fine, if the address was proper to begin with. You are affirming the mailing, not what happened to it.

Q: What restrictions are there for Employment based Green Card holder to additionally invest into Stocks or Real Estate?

1 Answer | Asked in Employment Law, Real Estate Law and Immigration Law for New York on
Answered on Jan 22, 2019
Kelli Y Allen's answer
From an immigration law standpoint, as long as you are not doing anything to earn the income, you're fine. So you can own property, invest in stocks, etc. but you can't be "working".

Q: closing was cancelled due to condition of house

1 Answer | Asked in Real Estate Law for New York on
Answered on Jan 15, 2019
Peter Klose's answer
I am sorry your deal did not occur. Although it is difficult to tell from your post, it sounds as though you were the "buyer" of real property in New York. As your attorney likely told you, New York is a caveat emptor (buyer beware) state. That means, between you, your inspectors, your title company, your attorney, and your other "advisers" you MUST find out whether the house is marketable, safe, comes in the condition you expected, and has the correct municipal approvals. If it does not,...

Q: What happens if you buy or sell a property and the bathroom count is different than what is listed?

2 Answers | Asked in Real Estate Law for New York on
Answered on Jan 9, 2019
Peter Klose's answer
In my view, the issue is not what the bank thinks, but whether there is a Certificate of Occupancy or other governmental approval for the bathroom "improvement." You should check with the building department of the local municipality to be sure that there are sufficient C/Os for the improvements made to this 1/2 bath.

Good luck!

Q: My mother died 2007 and left a paid home behind in PR. what is needed to sell property

1 Answer | Asked in Real Estate Law and Probate for New York on
Answered on Jan 6, 2019
Michael David Siegel's answer
It is a PR issue and you need a PR lawyer.

Q: If i buy a couple of properties in one transaction do i have to keep record of each property separately or in bulk?

1 Answer | Asked in Real Estate Law and Tax Law for New York on
Answered on Jan 5, 2019
Jonathan David Warner's answer
Definitely separate records. You’ll need individualized information for the purposes of depreciation, cost basis, and rental use percentages.

Just a tip: If you haven’t at least talked about this with a CPA or tax attorney, now is definitely the time to do so.

Good luck with your case!

Q: i am purchasing a home...(owner financed)....from a long time friend. they were using their personal lawyer to close.

1 Answer | Asked in Real Estate Law for New York on
Answered on Dec 29, 2018
Michael David Siegel's answer
Any lawyer can pick this up. It is nothing special.

Q: I am looking to transfer a property owned by a non profit to another non-profit how would i be able to do that?

1 Answer | Asked in Real Estate Law and Tax Law for New York on
Answered on Dec 26, 2018
Michael David Siegel's answer
It requires court and attorney general approval. There is a special proceeding to bring. Do what a title company requires.

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