answered on Apr 30, 2023
Your attorney should review the board’s bylaws and the election minutes to determine whether the proper procedures were followed. Common violations involve lack of a quorum and invalid proxy votes. Be advised that you must file your lawsuit to challenge the election within 4 months pursuant to... View More 
I applied for a New York apartment, it was accepted, and I paid the security deposit. The application states that the security is forfeited after 2 weeks if a lease is not signed. This was on March 17th. We had agreed I could sign the lease in mid-April (no exact date). I had decided to go with a... View More
answered on Apr 6, 2023
They are taking advantage of you since you are in Anchorage and out of reach of suing in NYC Small Claims Court. There is no such thing as a "security deposit" without the existence of a lease. The two fit as a hand in a glove. Whatever money you paid to hold the apartment for you is not... View More
My sister is taking financial advantage of my parents. My parents know enough to agree she is but do not want to pursue legal ramifications . My concern is they will not have enough money to live out their years. Most recently my dad was removed from the deed of his second home while in the icu... View More
answered on Apr 3, 2023
It is unclear from the scenario you presented whether your parents are of sound mind. If so, you will not have standing to pursue actions that they are not interested in taking. You cannot force another person to litigate something in their interest that they do not want to. And you cannot force... View More
we each live on our own sides I am concerned medicaid would some how intervene or would the other half go to the remaining joint owner.
answered on Apr 2, 2023
It is not the mortgage that tips off Medicaid, it is the Deed. Waiting until your brother is leaving for nursing care is about five years later than you and he should have begun your planning. NYS Medicaid has a 60-month look-back period relating to asset transfers... View More
we each live on our own sides I am concerned medicaid would some how intervene or would the other half go to the remaining joint owner.
answered on Apr 2, 2023
I agree with Mr Smollens. Regarding the note and mortgage, you are each jointly and severally liable, which means that each bears legal responsibility on the whole amount. As well, the property itself is liable, which means that if the note is not paid, the lender may be able to foreclose upon... View More
answered on Mar 30, 2023
Contracts generally do not need to be in writing to be enforceable. Certain types of contracts do, such as those for the sale of real property or leases for periods of more than year. But unless excepted from the “statute of frauds” which requires certain agreements to be memorialized in... View More
My parents purchased a multi family property with my aunt years ago as tenants in common. My parents created a life estate with me for their portion of ownership and my aunt created a separate life estate with her children for her portion of the home. My parents passed away so I acquired their... View More
answered on Mar 29, 2023
How does your Aunt prevent you from leasing your share of the house? Does she prefer that the investment potential of the joint ownership suffer and then also will not pay her share of property tax?
I gather your Aunt does not want to pay her share of the property taxes and your cousins... View More
Hello,
My father died in early January of this year. He held a Life Estate on his home and my sister is listed as the remainderman on the deed. We filed the death certificate with the Town of Riverhead.
My father owes a large sum of money to the rehab nursing center he was in when... View More
answered on Mar 28, 2023
It depends whether the nursing center had a judgment against your father before he died. If so, a judgment entered in the same county as the property would form a lien on the property which would survive a change in ownership (such as that occurred upon his death). Since your sister would be the... View More
I purchase a house fresh out of college. It is deeded to me; my boyfriend co signed on the loan. We broke up and I asked him to move out. For 2 + year, he contributed $200.00 to monthly expenses, while I paid the taxes, furniture etc. He now wants 50,000 from me. AM I wrong given the house is... View More
answered on Mar 23, 2023
Dear Home Owner:
Based on your statement your ex has no legal claim to joint ownership of your house. New York State relies upon a recorded deed as evidence of an interest in the title to ownership of real property.
It is fortunate for you that the ex voluntarily moved out.... View More
I purchase a house fresh out of college. It is deeded to me; my boyfriend co signed on the loan. We broke up and I asked him to move out. For 2 + year, he contributed $200.00 to monthly expenses, while I paid the taxes, furniture etc. He now wants 50,000 from me. AM I wrong given the house is... View More
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answered on Mar 23, 2023
I agree with attorney Nelson - absent a written agreement to the contrary, he has no rights or interest in the property if he is not on the deed. Based on what you've stated, his payment of $200 per month sounds like it would amount to less than rent would have been, so even if he were to sue... View More
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answered on Mar 23, 2023
Your question is unclear and we would need more information to provide a proper answer. You said you bought the house with him, but his downpayment was a "gift." Why would he make a gift of the downpayment if you were buying a house together? You also said he sent you his "1/2... View More
The damage is caused by my neighbor tying his trees to my fence. I have asked him not to do so and have cut the lines whenever I see them. This has gone on for months. There is damage to my fence (it now leans in his properties direction) and I am wondering if I can hold him responsible to pay for... View More
answered on Mar 21, 2023
If you own the fence and it is on your property, you can seek to hold your neighbor responsible for any damage caused by his/her unauthorized use of your fence. If the damage is less than $10,000 you may sue in Small Claims Court for money damages. However, if you also want an injunction... View More
A few years ago my boyfriend’s parents were struggling financially and ended up modifying their mortgage loan (details unknown).
In this process, they asked my boyfriend to sign an acknowledgement of contribution stating that he lives there, is their son, and has been “contributing... View More
answered on Mar 20, 2023
Acknowledging a contribution for the purpose of a loan modification does not create personal liability on the existing note. The lender does sometimes ask for authorization to run a credit report of a contributor, and if he was living there the address should show as a residence. But since he is... View More
I had an offer for sale accepted at the end of August 2022, I paid 10% down and the loan officer stated that he would be able to help me with a loan. It was supposed to take place at the end of November 2022. The sponsor of the property, (seller) and the property management have been in touch with... View More
answered on Mar 17, 2023
Real estate transactions in New York typically have attorneys on both sides (and one for the bank, and for co-ops, one for the co-op itself). You should contact an attorney to review the contract of sale (or if not yet entered into, to review the seller's draft) and deal with any issues... View More
I had an offer for sale accepted at the end of August 2022, I paid 10% down and the loan officer stated that he would be able to help me with a loan. It was supposed to take place at the end of November 2022. The sponsor of the property, (seller) and the property management have been in touch with... View More
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answered on Mar 20, 2023
You do not need a consumer protection attorney; you need a real estate attorney because the fact that you're having direct contact with the seller makes me think you do not have an attorney representing you in your purchase. If you DO have an attorney representing you in the purchase, that... View More
Bought a house with a dual agent, we are from out of the area so just contacted the poster directly and she also ended up being the owner. We did a few walk through, and she did a lot of upgrades to the property including a continous water heater and septic tank. We asked her about the foundation... View More
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answered on Mar 14, 2023
Sorry for the late reply - I just joined this site and found your unanswered post.
First, I am not sure I fully understand the background you provided but are you saying that you responded to a home listing and the realtor (a "dual agent") was the actual seller? While I agree... View More
My mom recently sold a duplex that I lived in with my family. The apartment we lived in was in significant disrepair so we invested over $6000 in renovations (permission was received). We also paid almost $6000 toward a new roof as well. Though we paid for rent till the end of the month. She... View More
answered on Mar 13, 2023
Generally, tenants investing money into improving a rental unit have no expectation the landlord will kick back that money when they move out.
Locking you out of your home without a court order is a crime. If you called the police when this happened mother could face arrest.
You... View More
Empty lot next door recently bought. A few days ago they were digging in the ground against my house. Left deep holes, and the side of my basement wall is exposed. My siding is chipped and broken in one of the spots now. Are these holes legal? They are uncovered, and I'm worried about rain... View More
answered on Mar 5, 2023
Dear Brooklyn Home Owner:
Your neighbor is not allowed to legally commence a construction project without prior permission from the NYC Department of Buildings and without a Permit to do so. Moreover, a neighbor is never entitled to harm the adjoining property. Hire an attorney because a... View More
I have paid my rent on time and have had zero issues financially, however, there have been health hazards that needed to be addressed and were worked through with the property manager, but now I am being terminated of a renewal. Do I have the right to ask to stay under the retaliation clause,... View More
answered on Mar 5, 2023
Dear Manhattan Tenant:
Were you properly served with a written notification required by the Statute (NYS Real Property Law Section 226-C [https://www.nysenate.gov/legislation/laws/RPP/226-C]) because that is the ONLY method allowed by State Law for a Landlord to inform a Tenant that there... View More
I got the apartment(lease) by my self and lived there for a year by myself, I put down deposit, I paid a guarantor fee every month, decorated and bought all the furniture, I am doing all the daily maintenance of the Airbnb account and finding cleaner, photograper etc. My boyfriend moved in a year... View More
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answered on Mar 4, 2023
Determining how to split the profit from your Airbnb listing can be a complex issue that may depend on a number of factors, including the financial contributions of each party, the level of effort and involvement required, and any other agreements or arrangements you have in place.
Based on... View More
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