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New York Real Estate Law Questions & Answers
1 Answer | Asked in Foreclosure and Real Estate Law for New York on
Q: hi Is a notarized signed and submitted Deed in lieu of foreclosure documents revocable by a plaintiff in New York
Damien Matthew Bosco
Damien Matthew Bosco
answered on Nov 19, 2024

There are limited circumstances under which a plaintiff (typically the borrower) might try to revoke or challenge the validity of a submitted Deed in Lieu of Foreclosure (DIL). Generally, once the lender accepts and files the DIL, revocation is highly unlikely unless a valid legal basis exists.

1 Answer | Asked in Foreclosure and Real Estate Law for New York on
Q: Can you sue your mortgage company and win your home free and clear ?

Illegal foreclosure

Jack Mevorach
Jack Mevorach
answered on Nov 4, 2024

It's possible.

Jack

1 Answer | Asked in Real Estate Law for New York on
Q: My ex-husband is on the mortgage, which I have been paying. My name is on the title. How can I adjust mortg to my name
Elaine Shay
Elaine Shay
answered on Oct 24, 2024

Generally, this would require that you refinance your mortgage. However, you may contact the lender to inquire if they would be willing to assign the mortgage loan.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Regarding Respondeat Superior, if a Property employee gives a non-employee a key to a utility room who is liable?

Thanks

Anthony M. Avery
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answered on Oct 23, 2024

Potential tort liability for both.

1 Answer | Asked in Real Estate Law and Probate for New York on
Q: Once listed as an heir to a estate in NY, can you be denied from getting anything?
Tim Akpinar
Tim Akpinar
answered on Oct 23, 2024

This is not my area of law, but you await a response for almost a month - and I think the wording of your question could have led to confusion about exactly what was meant. If you're listed in a will or trust, you know you're getting something as a beneficiary. It doesn't sound like... View More

1 Answer | Asked in Contracts, Real Estate Law and Business Law for New York on
Q: I am considering legal action against my property management company. T

I am considering legal action against my property management company. Their negligence in managing my property, particularly in their interactions with the city, has resulted in a financial loss of over $7,000. Given their failure to respond to my communications and their apparent breach of our... View More

Jack Mevorach
Jack Mevorach
answered on Oct 21, 2024

Perhaps. Or, at least, termination of the contract.

Jack

1 Answer | Asked in Real Estate Law for New York on
Q: THIS UNIT IS SUBJECT TO ARTICLE 6-A OF THE REAL PROPERTY LAW, KNOWN AS THE NEW YORK STATE GOOD CAUSE EVICTION LAW?

Does that mean my landlord can evict me or increase the rent more than 3% - 6% ?

Steven Warren Smollens
Steven Warren Smollens
answered on Oct 21, 2024

Dear Manhattan Tenant

No. Not at all.

Read this

https://www.nyc.gov/site/hpd/services-and-information/good-cause-eviction.page

2 Answers | Asked in Contracts, Foreclosure, Real Estate Law and Tax Law for New York on
Q: I’m looking to retire and shut down my LLC
Jonathan David Warner
Jonathan David Warner
answered on Oct 14, 2024

I'm not sure what your question is... but I'll try to provide some helpful tips.

First, make sure to notify your accountant or payroll service provider of the closing date so they can prepare the final returns. Failure to do so can result in massive fines and large penalties....
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1 Answer | Asked in Appeals / Appellate Law and Real Estate Law for New York on
Q: Is there a statute of limitations on a void deed to appeal with a Quiet Title Action? Adverse Possession
Jack Mevorach
Jack Mevorach
answered on Sep 28, 2024

No statute of limitations to invalidate a forged deed. In other scenarios, there are limitations of time.

Jack

1 Answer | Asked in Real Estate Law for New York on
Q: We were just given a 90 day termination notice pursuant to Property laws 226-c and 232-a.

As of today we are 3 months behind in rent. If payment is brought current before the end of the 90 days will we still have to vacate? Should we pay Oct 1 rent as we had planned? My husband and I are senior citizens.

Elaine Shay
Elaine Shay
answered on Sep 27, 2024

There are two primary types of landlord/tenant cases. The first is a non-payment case, which requires the landlord to serve a rent demand before filing in court. If the rent is paid in full the case would be dismissed. The second is a holdover case, which, if you have been a tenant for 3 or more... View More

1 Answer | Asked in Real Estate Law and Business Law for New York on
Q: NYC Co-op Tax Abatement - can a property manager be sued separately from the cooperative and board for their negligence?

Our property manager never submitted a shareholder's cooperative to the co-op tax abatement program after the purchase. The shareholder did not know about the tax abatement until 10 years later. The co-op has been their primary residence since purchase. The property manager never submitted the... View More

Jack Mevorach
Jack Mevorach
answered on Sep 18, 2024

Yes.

Jack

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New York on
Q: During a storm a tree on my side of the property fell and hit my neighbors property what to do?
Michael David Siegel
Michael David Siegel
answered on Sep 13, 2024

Take pictures and call you insurance company. You should be covered if there was damage to the neighbor.

2 Answers | Asked in Business Law, Civil Litigation, Contracts and Real Estate Law for New York on
Q: Will owner financing (about 1/3 of price, 1/3 buyer cash, 1/3 mortgage) work for the seller? Risks, issues, steps?

Manhattan apt at low $700k, market dead. Only interested buy has tight financials after cash down. I also wonder about my owner financing terms (years, rate-will to take 5%)...

Steven Warren Smollens
Steven Warren Smollens
answered on Sep 6, 2024

If this is a cooperative apartment, it is unlikely that your cash-strapped potential purchaser and you would receive consent to proceed with a contract to sell. It would help if you had an attorney to navigate the sale of a co-op apartment in NYC.

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1 Answer | Asked in Real Estate Law for New York on
Q: Can you explain what a (421-a) and a (J-51) is. There is a property in interested in but rent lock is associated with it
Steven Warren Smollens
Steven Warren Smollens
answered on Sep 6, 2024

This may seem unusual, but if you are buying an apartment building in NYC that may have Rent-Stabilized dwellings for a long time into the future, you should have an attorney.

Read the information here to start:...
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1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for New York on
Q: Landlord leased a rental unit that is inhabitable (so says the incorporated village) and is making us sign an agreement

The deposit is over $10,000. We have received the total commission money back. They broke the contract first, but are making us sign an agreement to not sue in order to get our money back. Is this legal? Is there a way to get our money back (and quickly) without signing? Not looking to take legal... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Sep 5, 2024

You should never sign a general release without an attorney giving you the ok to do so.

2 Answers | Asked in Real Estate Law for New York on
Q: So, in essence. I was part of a land sale. 39 acres and a house.

7 other members of my family and I decided to combine our money and purchase more land. My father who is a part of this land sale deal decided to buy me out with a handshake deal of a simple $100 a month. That was 14 months ago and he has given me less than half. I should also add he is retired and... View More

Jack Mevorach
Jack Mevorach
answered on Sep 3, 2024

Real estate "handshake deals" are not enforceable.

Jack

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for New York on
Q: MY SISTER INLAW DIED 2019 LIVED IN PUERTO RICO. DUE TO POOR HEALTH WE CAN'T TRAVEL TO PR-NEED A PROBATE LAWYER TO HELP

WE NEED A LAWYER TO GET INTO SAFTY DEPOSIT BOX TO SEE IF DEED TO PROPERTY IS THERE AND RETRIEVE MONEY AND JEWELRYAND SELL HOUSE-WE HAD THE WILL REGESTERED/CERTIFIED IN PR COURT-COVID CLOSED THE COURTS AND WE HAD TO LEAVE BEFORE AIRPORTS CLOSED-WE CAN NO LONGER TRAVEL WANT TO SELL THE HOUSE... View More

Bonnie Lawston
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Bonnie Lawston
answered on Aug 30, 2024

Please email us the details and information at bonnielawstonesq@gmail.com.

631-425-7299

1 Answer | Asked in Real Estate Law and Small Claims for New York on
Q: Does the finder rule apply to a finder of an abandoned incorporeal hereditament, as in superior title over all others?

I am asking for both general across the USA and for New York. Does it matter if it is an abandoned incorporeal hereditament that has been separated from the land, and is no longer an interest in the land? Does the finder get superior title over all others for incorporeal hereditaments?

James L. Arrasmith
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answered on Aug 25, 2024

When dealing with the finder rule, it generally applies to physical, tangible property rather than incorporeal hereditaments, which are intangible rights or interests. Across the USA, and specifically in New York, the concept of "finders keepers" does not typically extend to incorporeal... View More

1 Answer | Asked in Real Estate Law for New York on
Q: Is "under claim of title" the same as "acquisition by find" the law in New York?

Is "under claim of title" the same as "acquisition by find" the law in New York? As in the finder acquires an interest superior to everyone except the true owner, for real and intangible property?

James L. Arrasmith
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answered on Aug 19, 2024

In New York, "under claim of title" and "acquisition by find" are distinct legal concepts, though they share similarities. "Under claim of title" typically refers to adverse possession, where someone occupies real property openly and continuously under a claim of... View More

2 Answers | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for New York on
Q: Hello how do i find out the status of an Heir property ?

There are 2 properties where as the original owners have passed away. There is a daughter produced by the deceased couple. The father left a will. i need to find out the status of the estate

'

Jack Mevorach
Jack Mevorach
answered on Aug 18, 2024

Contact the Executor of the estate and inquire.

Jack

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