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New York Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Tried to break lease when I bought a home. Complex said no I have to sublease with a 300.00 fee and another deposit.

Is this legal...been there 5 years and I have to find the tenant even though their turnaround is high. Manager said they started subletting program 2yrs ago because too many people were buying houses our lease is a one year lease with no mention of subletting. I am now paying rent and a mortgage... Read more »

Elaine Shay
Elaine Shay answered on Aug 5, 2019

If your lease has not yet expired and you are attempting to get out of your contractual obligation to pay rent for the remaining unexpired term, the landlord has a right to negotiate for the terms that they are willing to consider. If an agreement can't be reached, a tenant generally remains... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: Can the name on the deed of a real property remain the name of the granter if the deed is put into a trust?

If this is the case then nothing would need to be actually filed with the county clerk

Michael David Siegel
Michael David Siegel answered on Aug 4, 2019

The deed must be in the name of the trust for the trust provisions to apply to it. That is the whole point of the trust.

2 Answers | Asked in Banking and Real Estate Law for New York on
Q: Can I purchase a first mortgage of a residential property, from a bank.

Want to Buy Mortgage Note from a bank, I'm not currently the owner of the property.

Michael David Siegel
Michael David Siegel answered on Aug 2, 2019

Legally, yes you can. Will they sell it to you? It depends.

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2 Answers | Asked in Real Estate Law for New York on
Q: I purchased a home with a man and he became extremely abusive. I want my money back so I can move out.

I pay the full mortgage. I also want my name taken off the deed.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 30, 2019

The only option you have is to start what is called a partition action to sell the house. Depending on how the deed reads, you may also be able to sell your share to a 3rd party. The easiest would be for him to just buy you out. If he is physically abusive, you can go to Family court and get a... Read more »

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1 Answer | Asked in Real Estate Law for New York on
Q: is it common for fund transfer from mortgage bank to take until the next day of the closing to be distributed?
Michael David Siegel
Michael David Siegel answered on Jul 26, 2019

For new purchase, no. For re-fi, yes.

1 Answer | Asked in Estate Planning and Real Estate Law for New York on
Q: I am the estate administrator in Florida but not yet in NYC. Can i sell a house or enter sale contract in NYC?

I am the estate administrator in Florida but not yet in NYC (filed but still going to take time). Can i sell a house or enter sale contract in NYC?

Michael David Siegel
Michael David Siegel answered on Jul 24, 2019

You can start the process. To close your ancillary letters will need to be issued. The title company will require it. Just make sure the contract accounts for this issue.

2 Answers | Asked in Foreclosure and Real Estate Law for New York on
Q: can a foreclosure sale be set aside if there is no proof of publication and proof of notice of sale in nyc ?

I am a title reader in NYC, a deed went on 2017 out of a referee to an LLC. The lender foreclosed on the estate of the owner and the action shows no proof of publication and no proof of notice of sale. The LLC is now trying to sell the property. I believe the action can be set aside but want an... Read more »

Derek John Soltis
Derek John Soltis answered on Jul 24, 2019

Normally the proof of publication is filed with the case. If you give an attorney the case number it is fairly easy to find if the case was filed after 2011 otherwise it would need to be pulled from the courthouse itself.

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1 Answer | Asked in Real Estate Law for New York on
Q: We hired some plumbers to repair the bathroom. Turned into more work. They had to demolish everything and replace some

Beams under the floor that were rusted. He left earlier today without saying anything. Now he says he got stuck with a rusty nail. Can he sue us for that? If there is a nail, it wasn’t exposed till they exposed it during demolition

Michael David Siegel
Michael David Siegel answered on Jul 23, 2019

That is why you have insurance. If he makes a claim, turn it over to your carrier.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for New York on
Q: I heard that landlords are no longer able to ask for 1st month, last month and security deposit. As of June 13 in NYC?

Is it true that the laws changed on the 13 of June 2019. Landlords are no longer able to ask for three ways and the security deposit cannot exceed 1 months rent. Is this true?

Elaine Shay
Elaine Shay answered on Jul 22, 2019

Landlord's are permitted to hold one month's rent as a security deposit and are still entitled to require payment of first month's rent.

1 Answer | Asked in Real Estate Law for New York on
Q: how can i evict mentally ill tenants from my home with a month to month unwritten lease

i need to evict my friends from my home because there is toxic tension between them and my boyfriend.

Elaine Shay
Elaine Shay answered on Jul 22, 2019

If you cannot prevail on your "friends" to voluntarily vacate, you will need to commence a summary proceeding in Housing Court. Although you are not required to retain an attorney, there are numerous technicalities that can result in the dismissal of your case. Therefore, usually better to bite... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: Besides annual dues what other payments are mandatory in an HOA? Is a Reserve Assessment mandatory or only “Special A.”?

We have to pay a “Road Reserve Assessment (To Build Reserve for Future Road Replacement)“, but this was not voted on. No data, proposals, estimates were given at meeting just a board member’s word that this needs to be done and that the ONE company he picked is the best to do it.

Elaine Shay
Elaine Shay answered on Jul 22, 2019

The By-Laws set the rules for the operation of the HOA.

2 Answers | Asked in Estate Planning, Real Estate Law, Tax Law and Intellectual Property for New York on
Q: If there are 2 owners on a house and only one is paying the taxes how do you get a receipt in that 1 persons name ?

In my mother's name a grandparent had left money for me to purchase a home or use for college once I was of age . My mother had withdrawn the money once we found our small home and my father had convinced me to put his name on the home in case of any accidents or lawsuits . 3 years later the story... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Jul 18, 2019

You should get in touch with the County Assessor. However, I believe that whoever is listed on the Deed will be billed no matter who pays.

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1 Answer | Asked in Real Estate Law for New York on
Q: I have a question about a lease and a property changing ownership

I have been on a month to month lease in NY in an apartment since December of 2018, and recently the owner sold the building to new owners. As I understand the closing is on July 26. The new owners are saying that I did not provide them with 30 days of notice that I was leaving the property due to... Read more »

Michael David Siegel
Michael David Siegel answered on Jul 17, 2019

If it is a month to month lease, you do not need to give notice. The people are lucky you are leaving without a fight. They would probably pay you to leave.

2 Answers | Asked in Real Estate Law for New York on
Q: I received a Buildings Department complaint about an illegal basement apartment being rented.

First I have no tennant's. Secondly I the owner occupy the apartment and have been for almost 30 years with no complaints. When my parents and aunt & uncle purchased the house the apartment was already there from the previous owner. When the previous owners purchased the house from the original... Read more »

Elaine Shay
Elaine Shay answered on Jul 16, 2019

Any building in NYC that is used or designed to be occupied as three separate living units is considered a multiple dwelling and must maintain a multiple dwelling registration. However, if the property is a legal two-family it is not eligible to file a multiple dwelling registration and the use of... Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Home owner. How do I prove "guests"in my house received rental agreement 30 days prior
Elaine Shay
Elaine Shay answered on Jul 16, 2019

Why you are trying to "prove" something often influences how to go about proving it. In court, evidence has to be in admissible form but in other settings there is generally no such standard. Obviously, if you have a written rental agreement that would be useful but you know better what "proof"... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: Hello, my husband and I wish to sell our home to our daughter and husband. How do we go about doing this economically?

We wish to avoid high closing costs, etc. A friend mentioning a term "Quick Clean" - we are not familiar with this term. Any help you can give us would be most appreciated, thank you very much.

Michael David Siegel
Michael David Siegel answered on Jul 12, 2019

Your friend is wrong. He is suggesting a "quitclaim" deed. That deed will screw up title, and make it harder for your kids to sell or refinance. Also, is it a gift or a real sale? The cheapest way is not always the best way. You can do it is a gift, but there might be tax issues. Again, it... Read more »

2 Answers | Asked in Contracts and Real Estate Law for New York on
Q: a active land contract with mistakes, (1) recorded the deed (warranty deed) clear in my name. no mrtge, do i still owe ?

warranty deed with lien covenant with original grantor signed and myself as grantee. Clear title warranty stated. the date on the deed which is officially recorded states 2008 the document was created and recorded on 2018 (2nd mistake). it is a land contract that im paying on but no lien or... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 11, 2019

Whoever made all these mistakes could not have been a competent lawyer; so do yourself a big favor by hiring a REAL lawyer to fix all these mistakes.

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2 Answers | Asked in Real Estate Law for New York on
Q: I received a Buildings Department complaint about an illegal basement apartment being rented.

First I have no tennant's. Secondly I the owner occupy the apartment and have been for almost 30 years with no complaints. When my parents and aunt & uncle purchased the house the apartment was already there from the previous owner. When the previous owners purchased the house from the original... Read more »

Michael David Siegel
Michael David Siegel answered on Jul 11, 2019

Do the inspection but make sure you have no violations. If you have no tenants and are not using the basement in violation of the C of O for the building then you will be OK.

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1 Answer | Asked in Real Estate Law and Business Law for New York on
Q: Is there a deadline for co-ops to provide financial statements to its shareholders?
Elaine Shay
Elaine Shay answered on Jul 8, 2019

Both NYS law and the Coop's By-Laws address requirements for the financial information that must be provided to shareholders. If you have questions about your specific building, it would be useful to sit down with an attorney to review the unique circumstances of your Coop.

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