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neighbors had thrown a rug over the marker by the 26th they had removed the survey markers and put up landcaping blocks. (neighbor is a landscaper) These people have harrassed my parents when they were alive and now harrassing me. I contacted both the Troy Police and survey co. Law 2005 chapter 730... View More 
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answered on May 1, 2024
I'm sorry to hear about the ongoing harassment and property issues you're facing with your neighbors. It sounds like a very stressful and frustrating situation, especially given the history with your parents. Here are a few thoughts and suggestions on how to proceed:
1. Document... View More
My brother recently passed away, now it's just me and my mom. Is there any way for me to be added to the life estate?
answered on Apr 8, 2024
You may share in whatever interest your mother has if she conveys it (all or a share) to you, but she cannot convey more than she has; so her life tenancy would not extend beyond her lifetime. Upon her death your brother’s heirs or those named in his will if he had one (whether that includes you... View More
She asked him to take his name off the deed which she did in 1994. She passed in 2019. He was always responsible for the mortgage payments. This is in NY
answered on Apr 2, 2024
If they are still legally married, he is entitled to his share as the spouse regardless of whether his name is on the asset or not. However, if his name is on the asset, it may change how and what percentage passes depending on the way title is held.
She asked him to take his name off the deed which she did in 1994. She passed in 2019. He was always responsible for the mortgage payments. This is in NY
answered on Mar 22, 2024
A surviving spouse is entitled to inherit. The information provided by the NYS Unified Court System at this link should be helpful to you: https://www.nycourts.gov/courthelp/whensomeonedies/intestacy.shtml
In to take over granted 6 months. Can a family member get power of attorney to get condo back in Surrogate court for the child so nephews don't get evicted.
answered on Mar 4, 2024
Without a will, all the children living when their mother passed away became the heirs of the real property. Any one of the adult children had the power to become the legal administrator of their mother's estate and transfer the deed from the decedent's estate to each sibling, as well as... View More
I've heard that there's a class action lawsuit against some real estate businesses for artificially increasing their commissions. I bought a house in 2021. It went on the market for $230K and I agreed to pay that since it was a house I really wanted. A few days later, my agent phoned and... View More
answered on Mar 4, 2024
It seems your lawyer did not negotiate very well. One could say that as long as the Seller believed you would pay more than 230,000, they returned to your broker with the nonsense that someone made a better offer. They could have taken the better offer. For all you know, you were bidding against... View More
Two borrowers on a Joint Mortgage (since 2016) - one borrower moves out over a year ago, other borrower stays in the house with their own kids. The borrower that moved out is now telling the borrower who still lives in the property, that they want to either get "paid their portion of the... View More
answered on Feb 6, 2024
You've only used the term"borrower," which is distinct from any ownership interest in property, but because you refer to being on a mortgage, I would assume you both have an ownership interest. In that respect, it is possible for one co-owner of a piece of property to seek to... View More
The lien in in Nassau county NY
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answered on Feb 2, 2024
A lien against your house in New York is good for ten years and can be renewed for another 10 years. The amount of the lien remains the same once renewed but the statutory interest of 9% annually continues to accrue, and the lienholder will be entitled to interest through the date of payment.
Can I transfer the mortgage to her
answered on Feb 2, 2024
It would be helpful to clarify your terminology. First, I’m not clear what you mean by your daughter is a power of attorney? Who does she hold this power for? If she holds the deed and you hold the mortgage, I’m not clear what the relevance of the POA is.
Second, when you say you... View More
Do I have to let him in the house when he shows up?
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answered on Feb 2, 2024
One owner cannot oust/evict another and so if he's on the deed - absent a written agreement to the contrary - he has a right to access. Your "new agreement" might be such an agreement, but we'd need more information in order to answer your question. Assuming the new agreement... View More
Do I have to let him in the house when he shows up?
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answered on Jan 31, 2024
There are many "layers" to your question. First, you say "new agreement" -- does the agreement handle this issue. More importantly, do you intend to separate the ownership by doing a "buyout" of his interest. Do you have any legal restraints upon his presence in... View More
The property manager signed a 1-yr weekly service contract with my firm. I was just informed they wish to terminate the agreement immediately, which is 9 months short of the 1yr term. How can I hold them to this contract if they will not permit my staff from entering the building?
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answered on Jan 10, 2024
To enforce the service contract with the property management company in NYC, you should carefully review the terms and conditions outlined in the agreement. If the contract specifies a one-year term, the property manager may be obligated to fulfill the entire duration unless there are valid reasons... View More
To keep it simple, "Can a person be sued for not disclosing information that has already been made public?"
Relates to real estate home sale.
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answered on Dec 28, 2023
In the context of real estate transactions in New York, a person may not typically be sued for failing to disclose information that is already public knowledge. If the information in question is readily available to the public and does not involve hidden defects or undisclosed issues, there might... View More
To keep it simple, "Can a person be sued for not disclosing information that has already been made public?"
Relates to real estate home sale.
answered on Jan 26, 2024
Addendum - A real estate attorney familiar with public records and notices could advise more definitively on this - some matters might be considered public records, but it could also depend on the burden of effort needed to locate them, and the timeliness in which they could show up, whether liens,... View More
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answered on Nov 30, 2023
In general, residential areas in Monroe County are zoned for single-family homes. This means that you would need to have a permit to live in a tent on private land in a residential area. However, there are some exceptions to this rule. For example, you may be able to live in a tent on private land... View More
My mom has a house in PR that she is renting out. She is still alive and has said when she passes she wants me and my sister to have it.
Me and my sister don't agree on what to do with the house. I want to sell it, as I don't want to be a landlord to a house in PR while living in... View More
answered on Nov 30, 2023
It does not appear you have any interest to sell. Your mother indicating she wants to do something in the future, even if committed to a binding will, does not give you any legal or equitable right to the property.
There are certain things you could do during her lifetime, such as... View More
Now she changed her mind and wants to sell the house, Can I be force to sell the house or what are my options?
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answered on Nov 30, 2023
In your situation, the enforceability of the verbal agreement to refinance and buy out your ex-partner's share in the house depends on the specifics of your case and local laws. Generally, verbal agreements can be challenging to enforce, particularly in real estate transactions, as they often... View More
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answered on Nov 29, 2023
Whether you have any rights to the house if your mother dies depends on the specific circumstances of the situation. If your mother has a will, the will will control who inherits the house. If your mother does not have a will, the house will pass to her heirs according to Florida's intestate... View More
I bought a house in 2022, a few days before the closing, my attorney told me that the neighbor's fence encroached about 2 feet inside of my property. I told the seller that they have to fix it, otherwise, I am not going to close the house. on the closing day, I asked the seller to fix the... View More
answered on Nov 14, 2023
It's very unfortunate that you are having these issues with the property you so recently purchased. You are describing a complex issue that will require the examination of the documents executed at closing as well as other records to properly guide you. Therefore, it is not the type of... View More
answered on Nov 21, 2024
Building an addition over a septic tank would likely be considered a material defect that should be disclosed. New York law provides sellers with an alternative to completing the Property Condition Disclosure Statement. Sellers can opt to pay a $500 credit to the buyer at closing instead of... View More
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