When my mother died in 2019, I unwittingly inherited a $100K Wells Fargo home equity loan from 2011 that it's my understanding was never paid back, either by her or by my late father. She had been claiming to pay off the loan using my SSI funds, and only in 2022 did I find out that was not... View More 
answered on Sep 19, 2023
While an estate can owe funds for debt of a decedent which can be deducted from the distribution of their assets, you would not be liable on a loan you did not sign (in other words, you cannot “inherit” a loan). You can, however, inherit real estate and that real estate may be encumbered by a... View More
Hi,
My father recently passed away. About 5 years ago my father told me that he recorded a new deed for his house. The new deed transferred ownership from him, to him and me, with joint tenancy with the right of survivorship. We found the original deed in his house, it was completed and... View More
answered on Sep 19, 2023
An unrecorded deed is still valid and should be recorded asap, as NYS is a "race" state meaning of two valid deeds, the first filed has priority even if the other was more recent. Upon the death of one joint tenant, the survivor automatically obtains full ownership. Also, although there... View More
answered on Sep 5, 2023
Dear Queens Property Owner:
There are many forms of commercial leases available for use by property owners who choose to avoid using a lawyer (and that is never recommended). Some notions in law may stand in the way of a lease forfeiture without a right to cure in the event of a declared... View More
Our original condo Offering is missing 2 pages - which detail duties of Officers of the HOA. None of the owners, managing agent, local realtors attorneys used in closings have these missing two pages. We want to simplify the process by developing our own by-laws,. We want to do so without the... View More
answered on Sep 1, 2023
Dear Clifton Park Condo Owner:
I suggest you research NY model forms of Condominium Bylaws. I doubt anyone will suggest that it is agood idea to do an amendment of Bylaws without an attorney since this may require the approval of the Attorney General.
I was charged for the outside lawyer to represent me at the closing.
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answered on Aug 31, 2023
If your lawyer hired another lawyer to represent you at a real estate closing without your permission and you were charged for their services, it's important to consider the legality and appropriateness of this situation. In many cases, lawyers are expected to obtain their clients'... View More
I was charged for the outside lawyer to represent me at the closing.
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answered on Sep 1, 2023
It has been my experience that if you have a "retainer" agreement with the attorney, such agreement often includes language that says that the attorney might associate themselves with others to help you complete your matter. Often real estate closings occur without retainer agreements... View More
As the sale date nears i have not heard from them about my payment. Can i make them honor the contract?
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answered on Aug 27, 2023
Yes, you can. Your first option is to serve them a Time of the Essence ("TOE") notice, which gives them the 30 days to close. Your next option, is to sue them for specific performance which would force them to close per the terms of the contract.
As the sale date nears i have not heard from them about my payment. Can i make them honor the contract?
answered on Aug 27, 2023
Maybe. Depends on the terms of the contract. But, it would take a lawsuit, and whether you can collect the costs of a suit or even a judgment, is speculative.
While under COVID-19-Related Hardship Foreclosure Protection (from 3/25/2021-9/20/2021) which my mortgage company extended to me upon my written request after filing the COVID-19 Hardship Form, their attorneys filed Notice of Motion and Motion for Termination of the Automatic Stay. I was not fully... View More
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answered on Sep 8, 2023
I'm truly sorry to hear about this incredibly stressful situation. In situations where there may have been a violation of court orders or misconduct by your own attorney, it could potentially be beneficial to consult with another attorney to review the specifics of your case and possibly... View More
While under COVID-19-Related Hardship Foreclosure Protection (from 3/25/2021-9/20/2021) which my mortgage company extended to me upon my written request after filing the COVID-19 Hardship Form, their attorneys filed Notice of Motion and Motion for Termination of the Automatic Stay. I was not fully... View More
answered on Aug 25, 2023
Based upon the facts you've presented, it doesn't sound as if any fraud was committed - though I do sympathize with your frustration.
In just about any case, non-payment of your mortgage is grounds for termination of the Automatic Stay in a Bankruptcy Case. The COVID-19 Hardship... View More
I'm going through a divorce and am buying out my husband's interest in the home. My mom will be my co-borrower. The Bank states that I need to add my mother to the deed first before I am able to apply for a home equity loan. What documents do I need to in order to add her to the deed? I... View More
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answered on Aug 17, 2023
Why does the bank need your mother to become an owner of your house so that she can co-sign your loan? There can be tax (costs and ramifications) and liability issues when adding someone to the title of your home, and this should not be done lightly - and certainly not at the request of someone at... View More
I'm going through a divorce and am buying out my husband's interest in the home. My mom will be my co-borrower. The Bank states that I need to add my mother to the deed first before I am able to apply for a home equity loan. What documents do I need to in order to add her to the deed? I... View More
answered on Jul 19, 2023
Both the RP 5217 and the TP 584 need to be prepared and submitted with the deed for filing. Pay close attention to the grantors (must be the same as the deed from which the owners’ acquired title) and to the grantees (to ensure you are taking title how you wish). Consider hiring an attorney,... View More
My case has two defendants. My case was dismissed because the Judge stated I did not state a cause of action.
The second defendant's case was dismissed on a summary judgment. Can I bring them both back under the
Savings Statue, CPLR 205A? Or can I bring them back again... View More
answered on Jul 19, 2023
While CPLR 205-a may apply strictly to extend the statute of limitations (if you are past it), it does not get around res judicata, which is a doctrine that bars re-litigation of matters that have already been decided.
You would also have to look at the order dismissing the case to see if... View More
My lease contains a clause stating that the tenant and landlord waive all rights to jury by trial. What does this mean?
answered on Jul 16, 2023
That is a Jury Waiver Clause. New York Courts consider the lease as an agreement made by parties with the same power to negotiate terms and conditions of the contract, even though everyone knows that there is no level playing field. A lease for most residential tenants is a take-it-or-leave-it... View More
I own a two family home but use all of the home for myself. I would like to airbnb one of my spare rooms. Im located in NYC and have not applied with OSE yet. On the OSE application, it states to list the type of dwelling; there is a few option on the application, should I listed it as a 2 family... View More
answered on Jun 23, 2023
Dear Staten Island Home Owner:
You need a personal consultation with an attorney. Imagine the risk of an attorney telling you what to do when the attorney has not reviewed the Certificate of Occupancy, the HPD and DOB file for your property, and the records of the Department of Finance, and... View More
My mom passed away on 1/31/23, she had no will. At the time of her death she had a Mortgage with 219K left to pay off and 60k in credit card debt, and only 4k in savings. I would like to keep the house so I payed off her credit cards. By negotiating with the lenders I was able to reduce the 60k... View More
answered on Jun 13, 2023
Less likely than with the credit card debt.
Because secured creditors are in an improved position over unsecured creditors, they have less incentive to settle debts; unsecured creditors often have little to no recourse from a debtor (who may, e.g., die or file bankruptcy). Letting a... View More
It's a dangerous situation and I have no hot water or cooking stove
answered on Jun 4, 2023
It depends. If you own the mobile home and there is an electrical problem in the home, you are responsible for getting it repaired. If you rent the mobile home, the owner is responsible. If the problem is outside the home, the park manager or power company would be responsible for the repair,... View More
Hi I’m reaching out for advice because I don’t know what to do. I’m currently living in a brownstone with my daughter in NYC where I was born, raised, and lived the majority of my life. It is my grandmothers brownstone who also grew up here. My grandmother, who I love with all my heart,... View More
answered on May 30, 2023
If your aunts inherited the property, they would generally have the right to sell the property. However, the sale of the property does not result in your immediate eviction. Instead, as a tenant or an occupant in possession of the property for more than 30 days, the owners of the property would... View More
The statement: hereby grant and release unto the Grantee(s), their heirs and assigns forever: (then it describes the land) along with
To have and to hold the above granted premises unto the Grantee(s)
Grantee(s) Shall quietly enjoy the said premises and the Grantor(s) will forever... View More
answered on May 25, 2023
That language (without your name listed as a grantee) does not mean that you are an owner of the property during her lifetime; you do not become an heir until she dies without a will. Rather, that language indicates that the property passes to her in all respects even after her death; as opposed... View More
My mother is also deceased. The property is up for foreclosure and an administrator was assigned I think. I've been getting pestered by investors to sell my share and the deceased family to sign forms last three years
answered on May 9, 2023
I’m not totally sure what your question is.
First I would suggest you obtain a better grasp on your interest(s) and who the relevant parties are (e.g. whether there is an administrator and whether you were in fact an heir to property).
Next I would be very cautious about... View More
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