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New York Real Estate Law Questions & Answers
2 Answers | Asked in Estate Planning and Real Estate Law for New York on
Q: Sibling sold family home without my knowledge. Queens N.Y.
Elaine Shay
Elaine Shay answered on May 14, 2021

What is your question? If your sibling owned the property, there is no requirement that family members be notified of an intended or actual sale.

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1 Answer | Asked in Real Estate Law for New York on
Q: We have an incomplete eviction there is thousands of dollars of our property at the house in Westchester inside and ou

Can they proceed to sell our house when they have not made our property available to us

Elaine Shay
Elaine Shay answered on May 13, 2021

If you are a tenant, the landlord does not need your permission to sell the property. The new owner essentially steps into the former owner's shoes with respect to the tenancy.

2 Answers | Asked in Real Estate Law for New York on
Q: When do you file a claim against your title insurance

the title agent made a mistake and forgot to pay one of the lien on the house. As a result, i end up owing 50000 dollar plus interest. can i file claim against the title insurance?

Michael David Siegel
Michael David Siegel answered on May 4, 2021

Yes. It is like any insurance. You have a policy with a number, and in that policy, it will say where to send claims and how to do it.

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1 Answer | Asked in Estate Planning and Real Estate Law for New York on
Q: What is meant by I leave my estate to my children, if any who survive me in equal shares per stirpes

My mother died and this is how her will read. Do the children of a deceased daughter then have a right to that daughters share or since the daughter predeceased the mother are they excluded. I have received different answers, since the will stated first to my children if any who survive me in... Read more »

Nina Whitehurst
Nina Whitehurst answered on Apr 28, 2021

It means that if a child of your mother predeceased your mother, then that child's children (your mother's grandchildren) inherit the deceased child's share.

2 Answers | Asked in Real Estate Law for New York on
Q: company's mistake

i closed on a property in dec 2020? one of the contract clause is that the seller will pay the DOB violation. The title company was supposed to pay for the DOB violation from the proceed as agreed. However, i discover the fund was returned to the seller as a "mistake". how i am supposed... Read more »

Elaine Shay
Elaine Shay answered on Apr 26, 2021

Your closing attorney should assist you with this problem and will be the most familiar with what protections you have from any escrow agreements entered into at closing.

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1 Answer | Asked in Contracts and Real Estate Law for New York on
Q: Can I get back money for down payment on condo placed before the coronavirus?

I signed a contract to purchase a condo in 2019 (before the coronavirus) and put a 10% down payment for the condo. However, after the coronavirus hit, my business took a very hard hit, and I am unable to pay for the amount of the condo. When I had purchased it, the plan was to pay for the condo in... Read more »

Michael David Siegel
Michael David Siegel answered on Apr 26, 2021

It depends upon the terms of your contract. However, you need to be a tough guy to make things harder for the seller so you can get some back.

1 Answer | Asked in Real Estate Law for New York on
Q: What legal/financial right does my sibling have to a home that belongs to my sister and I

Our mom was the original owner of the house and a year before she died, she turned over ownership of the house to my sister and I. Now one of my sibling is demanding we sell the house so he can get his share of the property. My sister and I have live at the property with our mom since the purchase... Read more »

Elaine Shay
Elaine Shay answered on Apr 19, 2021

If your mother did not own an interest in the house at the time of her passing, there is no interest in the house for your sibling to inherit. If your sibling believes your mother was not competent to transfer her interest in the house to you or it was done improperly, he may commence litigation... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: I own the house, my boyfriend pays utilities. What rights does he have? He is physically abusive and is a drug addict?

I own the house. He has lived in it with me for two years. He pays utilities. I have tried to break up with him but he refuses to leave the house. He is physically abusive and I just recently found his drug items in the house. It is not safe for him to live with me anymore but he refuses to... Read more »

Elaine Shay
Elaine Shay answered on Apr 19, 2021

If your boyfriend will not voluntarily vacate and you have not obtained an order from a court excluding him from the residence because of domestic violence or other reasons, you are required to take similar steps as a landlord would to evict him from your home through a holdover proceeding. Since... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: Is my father entitled to the original paperwork ? Lawyer is giving a very hard time to give him the original paperwork
Toshinori Isoai
Toshinori Isoai answered on Apr 15, 2021

Yes. However, a lot of documents are filed online and executed electronically these days, so original vs. copy may not make a lot of difference, but if he wants the very original ones, and his lawyer doesn't respond, he should be able to obtain a certified copy too.

2 Answers | Asked in Real Estate Law for New York on
Q: How long does a judgement against investment property last after the debt is no longer reported to credit agencies?

I have a judgement against property from 2008. The debt has stopped being claimed on my credit. I want to sell the property but can't if there's a lein on it. What can I do about it, I don't understand the public record documents well enough to find my own answer.

Michael David Siegel
Michael David Siegel answered on Apr 12, 2021

Judgments remain a lien on real property for 10 years from the date of entry unless extended by court order. If your judgment was entered in 2008, it is likely not still a lien.

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2 Answers | Asked in Real Estate Law for New York on
Q: who pay for agent mistakes?

i closed on a property in October 2020? one of the contract clause is that the seller will pay the DOB violation. The title company was supposed to pay for the DOB violation from the proceed as agreed. However, i discover the fund was returned to the seller as a "mistake". how i am... Read more »

Anthony Armando Nozzolillo
Anthony Armando Nozzolillo answered on Apr 2, 2021

Greetings: You should advise the attorney who represented you at closing as to what transpired; have he/she correspond with the Title Company and have them review the "ESCROW AGREEMENT" you signed at closing with respect to this violation.

Best of luck.

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2 Answers | Asked in Real Estate Law for New York on
Q: No the house is not in foreclosure what can the notice of pendency turn it into a foreclosure
Elaine Shay
Elaine Shay answered on Mar 30, 2021

A Notice of Pendency of lis pendens does not have to be associated with a foreclosure. However, an action related to title must be commenced within 30 days.

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1 Answer | Asked in Real Estate Law for New York on
Q: Can my house go into foreclosure when I have a notice of pendency on my property but I have answered the summons
Michael David Siegel
Michael David Siegel answered on Mar 30, 2021

I do not understand the question. You are in foreclosure. Your answer asserts defenses. If they are not sufficient, you will lose the case, and ultimately the judgment in the case will be to sell your house at a foreclosure auction. If you win the case, the house will stay yours.

1 Answer | Asked in Real Estate Law for New York on
Q: If my father does not answer the notice of pendency,the perspective buyer can buy the house?
Michael David Siegel
Michael David Siegel answered on Mar 29, 2021

I am not sure what you are asking. A notice of pendency goes with a lawsuit. You need to answer the lawsuit. A notice of pendency functions like a lien, which preserves the property for the result of the lawsuit. Until the lawsuit is dismissed, it will impact the sale of the property and likely... Read more »

2 Answers | Asked in Contracts and Real Estate Law for New York on
Q: I want to cancel my attorney and real estate deal prior to a contract signing.

Please cancel question.

Anthony Armando Nozzolillo
Anthony Armando Nozzolillo answered on Mar 25, 2021

Greetings:

The short answers are:

1. You can always terminate an attorney client relationship; at anytime;

2. Pursuant to the Statute of Frauds, any binding arrangement regarding real property must be memorialized in writing to be legally enforceable.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: If 2 applicants apply for a rental apartment one section 8 and 1 is a working applicant.

If 2 applicants apply for a rental apartment one section 8 and 1 is a working applicant. Is it violation to Fair Housing if landlord accepted to working applicant over the section 8?

Elaine Shay
Elaine Shay answered on Mar 17, 2021

Housing discrimination based upon source of income is prohibited in most instances in NYC. You may find information on this issue at: https://ag.ny.gov/source-income-discrimination

1 Answer | Asked in Real Estate Law and Intellectual Property for New York on
Q: Should I answer a notice of pendency

The prospective buyer lawyer put a notice of pendency on my property based on the fact that the survey company was not allowed onto the property but then I complied and allow the survey on my property an extended extensions of closing dates and they still have not closed

Elaine Shay
Elaine Shay answered on Mar 17, 2021

Your question is best directed to the attorney handling your closing. If your closing attorney doesn't handle litigation, you should consider retaining real estate litigation counsel to assist.

As for a lis pendens you should be aware of the following legal requirement:

2010...
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1 Answer | Asked in Real Estate Law for New York on
Q: Can I sue a management company for wrongful charges after the sale of a coop apartment in NYC?

I have a brain injury, and live on a disability injury settlement. there was a person at the management company who tried to overcharge me every month, and would send me insults in their monthly statements (I saved all the emails). when I sold the apartment, they told me they can stop the sale if I... Read more »

Anthony Armando Nozzolillo
Anthony Armando Nozzolillo answered on Mar 14, 2021

Greetings:

If indeed there was this impropriety as you describe, you would certainly have grounds to sue.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New York on
Q: Hi my grandmother is the only survivor of her siblings and parents. How can we find out how much land pertains to her?

Currently some family members have built houses on the land. We would like to find out how much land she would currently have? We like to built on the land as well. Not sure where to start? Or how much this would all cost. We have asked some family members but no one seems to know anything. Thank... Read more »

Anthony Armando Nozzolillo
Anthony Armando Nozzolillo answered on Mar 13, 2021

Greetings:

You would need to ascertain who is the vested owner of the property by having a "last deed search" run. Once you are in receipt of the deed, this will reflect who is the "of record" owner of the property. If it is discovered that the land is currently owned by...
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1 Answer | Asked in Real Estate Law for New York on
Q: What happens in a seller stays past the date they were supposed to leave?

We are in the process of closing on a house. The seller would like to stay 7 days past the closing and pay for it. With Covid 19 what happens if she refuses to move out after the 7 days? Could we get stuck with her as a tenant and not be paid for her stay?

Anthony Armando Nozzolillo
Anthony Armando Nozzolillo answered on Mar 11, 2021

Greetings:

What you are referring to is called "post posession". This does NOT create a landlord/tenant relationship..whereby if the Seller stays beyond the 7 days...(their attorney should be holding money in escrow as an incentive for you to allow the post possession)..you will...
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