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New York Real Estate Law Questions & Answers
1 Answer | Asked in Civil Litigation and Real Estate Law for New York on
Q: Being sued in a partition suit in a joint tenancy.
Elaine Shay
Elaine Shay answered on Aug 4, 2020

If you were served with a summons and complaint, you will need to submit responding papers within a specified time depending upon how you were served. Suggest retaining an attorney to do so on your behalf and to attempt to negotiate a resolution on your behalf.

1 Answer | Asked in Consumer Law and Real Estate Law for New York on
Q: I live in Waterford, NY and our lease is about up and don't auto renew. Can he make us leave?

The reason it don't auto-renew is that he emailed me stating that he was not renewing it about 2 months ago. It was a 90 day notice via email. Not in writing. He want's to move in our apartment on September 1st and we can't find a like place around here. My wife is on unemployment... Read more »

Elaine Shay
Elaine Shay answered on Aug 3, 2020

Unless you are protected by a lease or rent regulation, a landlord does not have to renew your lease. However, if you do not voluntarily surrender possession, the landlord must start a court case and obtain a judgment before you can be evicted. If you are current on your rent payments, the Court... Read more »

1 Answer | Asked in Mergers & Acquisitions and Real Estate Law for New York on
Q: Does an easement appurtenant ends when the servient estate obtains title to the Dominant estate?

Or in order for the merger doctrine to be applicable the dominant estate must obtain title to the servient estate?

John Robert Skrabanek
John Robert Skrabanek answered on Aug 2, 2020

Title is taken by an individual or entity, not the land. If the same owner takes title to both the dominant and servient estates, then the easement is extinguished through the "merger" of the estates. I hope this helps answer your question.

1 Answer | Asked in Estate Planning and Real Estate Law for New York on
Q: My mother-widow, 80- owns her house. My siblings want to be on deed to avoid probate. Need help with forms RP5217, TP584

My father died more than 10 years ago, and we wish to remove his name from the deed and avoid future probate by including our names on the deed. My mother will retain ownership of her house, but we'd like to get our names on the deed. How would we define the "condition of conveyence"... Read more »

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

I charge $500 plus the recording fees to do a deed. It would take less time to do it than explain it.

1 Answer | Asked in Real Estate Law for New York on
Q: Is it possible for me to assume a mortgage that is in my son's name. My name is on the deed i been paying for 10 years

we were both originally on the deed but his name was removed when he went into the military and developed PTSD I have been paying the mortgage for many years and it was even refinanced with my income information

Michael David Siegel
Michael David Siegel answered on Jul 23, 2020

It is not possible. You would need to refinance. However, as long as you pay, no one will care what name is on it. The deed governs ownership so the property is yours.

1 Answer | Asked in Real Estate Law for New York on
Q: My coop closing was scheduled to first week of may/2020. No board interview yet. Can I cancel the contract & get downpay

My attorney thinks I should not because the pandemic has delayed everything and he can't guarantee my down payment. Today is 7/23/2020 and we have no idea when we will get a board interview.

Michael David Siegel
Michael David Siegel answered on Jul 23, 2020

If you used the regular form contract you should be able to get out of it if that is what you want. Many people are in your situation. Your lawyer is probably dragging his feet because he/she only gets paid at closing.

4 Answers | Asked in Real Estate Law for New York on
Q: Can a seller accept a 2nd purchase offer after signing and accepting mine in NY state?

I submitted a offer on a house. The seller countered and I accepted. The seller's agent then called my agent stating there was an escalation offer at ask and could we offer seller a little more. I offered $10,000 more. The seller accepted and signed the paperwork, which is sitting at... Read more »

Michael David Siegel
Michael David Siegel answered on Jul 21, 2020

As you just have an accepted offer but not a contract, there is nothing yet binding on anyone. Only a contract can lock in a deal.

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2 Answers | Asked in Real Estate Law for New York on
Q: How do you sell your home after a cancellation of lis pendens...how do you get a clear title or satisfaction of mortgag?
Michael David Siegel
Michael David Siegel answered on Jul 17, 2020

The bank that put the lien on the property files a paper to take it off.

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2 Answers | Asked in Real Estate Law for New York on
Q: NYC apt sublease in CoopMy tenant just sent me a message that he wants to end the sublease.The rider states

That the sublease shall not end or be modified nor will sublessee obligations be ended or modified if for any cause not fully within sublessor’s control

Besides the board will not approve

What do you suggest I should do?

Please let me know ASAP

Thank you

Danielle

Elaine Shay
Elaine Shay answered on Jul 17, 2020

As a result of the COVID-19 crisis, a flood of residential and commercial tenants are seeking to surrender possession and walk away from their lease obligations. Although there is an Executive Order imposing a moratorium on evictions until August 20th, there is not legislation that relieves... Read more »

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2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for New York on
Q: I have a question regarding Bronx residents rights. My father passed in Oct. When him and I signed the lease 5 yearsago

Management knew that I wont be on the lease but id be living there as I went with him to sign the lease. I've done some research on squatters rights but iam unsure if it pertains to me. I'd like to stay with the apartment but would like to advise management. This building is not Section 8... Read more »

Elaine Shay
Elaine Shay answered on Jul 11, 2020

If the building is subject to Rent Stabilization or other rent regulation, you may be entitled to succession rights provided you lived with your farther for the required time before he passed. Even if that isn’t the case, many landlords would be happy to keep on a good tenant

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1 Answer | Asked in Real Estate Law for New York on
Q: I have a friend who wants to give me property. How can he do this without me purchasing them? We are in Broome County NY
Elaine Shay
Elaine Shay answered on Jul 11, 2020

Real property is transferred by deed. Your friend can execute a deed and accompanying tax documents needed for recording purposes to gift you the property

2 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: What are the consequences of an illegal basement apartment in Brooklyn?

I'm thinking of converting my cellar into a one bedroom "apartment". It will have a full three fixture bathroom, a kitchen fixture, a door connecting to the outside and most likely a 3x2 window to the outside. I'll be adding a fire alarm and a monoxide detector as well for... Read more »

Michael David Siegel
Michael David Siegel answered on Jul 10, 2020

Why not just make it legal and convert your home into a two family? You are not correct about there being no inspections. Also, you cannot enforce a lease of an illegal space. It also will hinder any sale or refinancing. Finally, it violates your insurance, and could lead to a lack of coverage.... Read more »

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2 Answers | Asked in Real Estate Law for New York on
Q: How long does it take to close on a house that was sold at auction? ( New York )

The property was auctioned on January 29, 2020 . As of today’s date July 10,2020 there has been no closing.

Elaine Shay
Elaine Shay answered on Jul 9, 2020

In NY you are generally required to close within 30 days of winning an auction.

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1 Answer | Asked in Real Estate Law and Business Formation for New York on
Q: My landlord is Evicting me I wrote a letter stating I would be out on this date but I can’t move out now

Do I still have to move out on that day or dose that peice of paper we wrote and signed mean nothing because it wasn’t notarize and I haven’t been evicted yet

Elaine Shay
Elaine Shay answered on Jul 9, 2020

Whether or not the agreement you made was notarized is not what protects you in this instance. Instead, Gov. Cuomo's moratorium on evictions in connection with the COVID-19 crisis provides you with protections. See Executive Order 202.28. In addition, the landlord still needs a judgment of... Read more »

3 Answers | Asked in Real Estate Law for New York on
Q: my grandparents who are now both deceased the house is foreclosed. auction no one brought. can I call the bank?

the house went up for auction twice but didn't sell. can I call the bank and attempt to get the mortgage reinstated ?

Elaine Shay
Elaine Shay answered on Jul 8, 2020

Of course, you can always call the lender. However, if you are not the original borrower, it is unlikely the loan could be reinstated but if you qualify they may be able to offer you a loan to essentially purchase the property.

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3 Answers | Asked in Real Estate Law for New York on
Q: Hi, what happen if I break the commercial lease due to slow business due corona ?

can landlord go after me( my personnel asset ex: bank account .... ) if I break the lease again due to the slow business cause of corona

Michael David Siegel
Michael David Siegel answered on Jul 7, 2020

As we sit here, the NYC law was changed to nullify personal guarantees. Thus, the landlord cannot do so. However, there are constitutional and jurisdictional issues that make this law suspect, so it is unclear now what will happen. If you want to break your lease, now is the time to do so, as... Read more »

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1 Answer | Asked in Real Estate Law and Land Use & Zoning for New York on
Q: I am in court hearings with my neighbor. Please tell me how much court proceedings cost.

This is a civil court. This is a land issue.

A neighbor wants to use my part of a property. There is no easement.

Tim Akpinar
Tim Akpinar answered on Jul 6, 2020

One of the real estate attorneys here could answer your question in the best manner, but you await a reply for three days. It's unlikely that an attorney could give you a turnkey price based on the brief description provided. An attorney might want to set up a paid consult to learn what the... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: In order to sell a family owned home in New York City, is it necessary to produce the original deed?

Assuming of course that the deed was properly filed with the City at the time of the original purchase.

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

You do not need the original deed. The recorded imaged deed is relied upon by buyers and their lawyers.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for New York on
Q: Can I break a comm. office sublease in NYC if I discovered the Cert. of Occupancy is for storage only, not office use?

It’s a hosting agreement, avoids the word ‘lease’, so perhaps not technically a sublease.

I never took occupancy.

Landlord was ok with us delaying start date due to Covid19, but now wants to begin term.

In researching NYC phase 2 Covid19 reopening guidance, I... Read more »

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

It depends on the terms of your lease. If you took "as is" and there is no representation that it is for office use, you might have problems. If there is such a representation, you have a defense if the landlord comes after you for the money.

1 Answer | Asked in Real Estate Law for New York on
Q: What is the normal cost of a real estate attorney in Albany NY for a home purchase?

This is for an out of state buyer who is doing a first time purchase of a home in NY. What should a buyer be asking when trying to determine the most cost effect way to hire a real estate attorney?

Tim Akpinar
Tim Akpinar answered on Jun 28, 2020

The real estate attorneys here could give you the most meaningful input, but you're waiting for a reply and as a general matter, a good way to find out could be to contact attorneys and ask their fees. As with attorneys in any field, you could ask their area of focus, their experience, and... Read more »

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