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New York Real Estate Law Questions & Answers
2 Answers | Asked in Foreclosure and Real Estate Law for New York on
Q: What happens after you default mortgage 120 days
Scott L. Lanin
PREMIUM
Scott L. Lanin
answered on Feb 3, 2023

After your default for 120 days, your lender or the lender's servicer may elect to send you a default notice or a letter of acceleration. Accelerating the loan means that they are calling it as fully due and payable now instead of over the regular loan term. They may also send you a 90-day... Read more »

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1 Answer | Asked in Real Estate Law for New York on
Q: Who gets the house if partners break up and both are on title?

I haven't had income for a few years, would I be allowed on the title? Am I responsible for payments as a co signer then? We've been together 12 years but been renting. Is common law still a thing in NY? I'm female and he's male. I just need some advice before I sign papers. Thanks

Jack Mevorach
Jack Mevorach
answered on Jan 26, 2023

Possibly neither.

Don't sign anything without speaking with counsel first and perhaps a quick review of documents at no charge.

Have a free telephone consultation with counsel.

Please call me, any day or night, up until 11:00 pm.

Jack Mevorach, Esq....
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1 Answer | Asked in Contracts, Criminal Law, Real Estate Law and Business Law for New York on
Q: Tightly held family owned company in New York State.Hostile to minority shareholders.Criminal liability for actions?

Only 2 officers held 90% of shares.

Refused documents, Lied about stock agreements, used position to force actions of clear coersion.

Hid wills. Refused stock buyouts, zero dividend for 20+ years.

Used corporate financial capacity and derived income to buy real estate to... Read more »

Mathew Paulose Jr.
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Mathew Paulose Jr.
answered on Jan 25, 2023

Greetings. You appear to want to know if you can forward your dispute to the police, district attorney, or some other law enforcement agency. Any citizen may forward their conflicts to a law enforcement agency; however, such agencies often will not involve themselves in matters they deem personal... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: I am holding a mortgage for an 80 yr.old. What is the name of the document we should have in place in case he passes?
Elaine Shay
PREMIUM
Elaine Shay
answered on Jan 20, 2023

If by "holding a mortgage" you mean you are the lender on the note secured by a mortgage against property owned by the 80 year old borrower, provided your mortgage is propertly recorded there should be no additional documents required to secure your loan. Regardless of age, the... Read more »

2 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: I can’t get my squatter brother out of the house that I have the right to sell, I have an eviction lawyer, on case three

Years. need directions on what I need to do or say to the lawyer to move this case on just need help.

Anthony Armando Nozzolillo
Anthony Armando Nozzolillo
answered on Jan 18, 2023

Greetings:

In light of COVID-19s impact on Tenant Eviction, coupled with New York State's affinity towards Tenants, I would suggest the following:

Offer your brother money to "surrender" posession. Offer an amount **inclusive of relocation fees, storage fees, future...
Read more »

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1 Answer | Asked in Landlord - Tenant and Real Estate Law for New York on
Q: Is it legal or illegal for a realtor to list apt for rent,while people are still living there(their lease is not up)

I live in a building managed by a company (although the owners of the building are the same people who own the management company)

Few months ago we noticed that they were listing apartments for rent on various websites but the problem is that people were still living there,they had no idea... Read more »

Steven Warren Smollens
Steven Warren Smollens
answered on Jan 8, 2023

Dear Oyster Bay Tenant:

I am not able to locate a specific legislatively created crime for the events you described. You may report the broker to the licensing authority if you wish to follow up. https://dos.ny.gov/system/files/documents/2022/09/1507-f.pdf

1 Answer | Asked in Probate and Real Estate Law for New York on
Q: If the deceased lived in New York and the estate in Puerto Rico, which court executor should file a probate petition?

The deceased was originally from New York. Only assets in the estate are a condo in the Puerto Rico is mentioned in the last will and testament. In which court should a probate be held? In which Surrogates court should a probate be held? Which city? County in New York or in local court Puerto Rico?

Benjamin Z. Katz
PREMIUM
Benjamin Z. Katz
answered on Jan 8, 2023

Estate proceedings are brought in state and county of decedent’s residence. If there is a Will, it is brought as a probate proceeding. If there is no Will, it is an administration proceeding. Once the court appoints a fiduciary for the estate in New York, an additional (ancillary) proceeding can... Read more »

3 Answers | Asked in Real Estate Law and Probate for New York on
Q: In 2010 my mother took out a $200K Home Equity Line of Credit on her home in New Jersey to give me a mortgage to

purchase an investment property in New york. There was a signed mortgage note for the loan. The note states the loan is subject to the laws of New York. In 2014 my sister learned of the loan and coerced mom to requesting repayment. The building was sold and mom accepted $100K, had the attorney... Read more »

Michael David Siegel
Michael David Siegel
answered on Jan 8, 2023

Your sister very much has a claim. Given a lawyer was involved, this was very sloppy all around. An interest in real estate can only be altered with a writing. You have none. The mortgage remains of record.

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for New York on
Q: Are my sister & her husband obligated to share the proceeds of the sale of my late mother's home in New York State?

My elderly mother sold her house in 2019 to move a few miles so she'd be closer to my sister. My brother in law (a CPA) put the proceeds from the sale (>$100K) in a bank account in my nephew's name to hide the $ from the govt in case Mom went into a nursing home. He then bought a house... Read more »

Carl Nelson
Carl Nelson
answered on Jan 4, 2023

In the absence of some agreement regarding the proceeds of the sale of your mother's house, I generally agree with attorney Siegel. Based upon the fact pattern you described, your brother's house is your brother's house and your mother having lived there does not make it hers nor... Read more »

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1 Answer | Asked in Real Estate Law, Business Law and Business Formation for New York on
Q: To move my personal NY real estate license into my LLC, does my LLC have to be incorporated within the state of NY?

I am a licensed real estate salesperson in New York State. I am forming an LLC for various reasons, and would like my broker to pay my commissions to my LLC, which is allowed in the state of New York. My two primary questions are:

1. Does my LLC have to be incorporated within the state of... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 1, 2023

Article 12-A of the New York Real Property Law, Section 441-b, provides:

"In case a person licensed individually as a real estate broker thereafter becomes an officer of a corporation or a member or manager of a limited liability company or a member of a co-partnership an application...
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1 Answer | Asked in Real Estate Law and Tax Law for New York on
Q: The county took possession of my 40-acre parcel for non-payment of property taxes that my mortgage co. failed to pay.

I have a mortgage on property that includes parcels in two towns in upstate NY. The mortgage servicing was recently transferred to a new company and they paid the taxes on one parcel but failed to pay on the second. The county has taken sealed bids and is scheduled to approve the sale at their... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
answered on Dec 29, 2022

New York Real Property Tax Law (RPTL) Sections 1110 and 1111 allow you a “right of redemption”, which requires you to pay all back taxes and penalties on the property, usually within 2 years of the lien, to stop a lien foreclosure sale.

If the county has already filed a petition to...
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4 Answers | Asked in Real Estate Law for New York on
Q: If our deed was declared void. Can our neighbors get our house and land? How do we get a new deed?

Cancel

Carl Nelson
Carl Nelson
answered on Dec 24, 2022

You have a number of questions and the fact pattern seems little complicated. I am not clear how the neighbors are involved unless they were the grantors of the invalidated deed. If so, then they would presumably be imbued with title to the property, but it would depend on the order itself.... Read more »

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1 Answer | Asked in Real Estate Law for New York on
Q: Are there any circumstances where a defendant is entitled to a jury trial in a partition action in ny?

Title held as joint tenants with right of survivorship

Steven Warren Smollens
Steven Warren Smollens
answered on Dec 23, 2022

Dear Kingston Litigant:

Yes.

https://www.lawserver.com/law/state/new-york/ny-laws/ny_real_property_actions_and_proceedings_law_907

And, this is not a do-it-yourself project. You require an attorney.

1 Answer | Asked in Real Estate Law and Municipal Law for New York on
Q: I have trees forming a very tall hedge in front of my house. Code enforcement says it block my address number.

If you are in front of the driveway opening it is visible looking from the street, but anywhere else you wouldn't be able to see the house numbers. I want the privacy. The trees are 10-20 ft tall. Can the city make cut them down in height? I'm in Syracuse, NY.

Steven Warren Smollens
Steven Warren Smollens
answered on Dec 22, 2022

Dear Syracuse Home Owner:

It would help if you provided the section of the e-code with the violation cited by the inspector. There are many reasons to make a house number visible from the road before driving past the driveway, especially for emergency vehicles looking for your house in the dark.

1 Answer | Asked in Real Estate Law for New York on
Q: Can they su me for unpaid rent1. I was never on the lease2.never had agreement3.kicked out and expecting me to pay rent
Steven Warren Smollens
Steven Warren Smollens
answered on Dec 22, 2022

If you are sued, you deal with the lawsuit. Based only on your statement you cannot owe rent money to anyone because you did not have a rental agreement.

1 Answer | Asked in Real Estate Law for New York on
Q: Can i get sued for unpaid rent even if im not in the lease, never had a written agreement i was just helping to pay rent

I was a guest helping my boyfriend pay his rent ( it was at a property him and his sister shared ) and now i am getting sued for unpaid rent by his sister , even though i was never on the lease, we never had a written/ verbal agreement that i would pay every single month. Then she kicked me out and... Read more »

Steven Warren Smollens
Steven Warren Smollens
answered on Dec 22, 2022

No. It is not legal. Only a person who made a rental agreement is legally liable to pay rent. Eviction without a court order is a crime.

2 Answers | Asked in Real Estate Law for New York on
Q: Who declares a deed null and void? Is the property owner notified? What happens to the property?
Carl Nelson
Carl Nelson
answered on Dec 18, 2022

The invalidation of a deed would be done by a court of competent jurisdiction. Relevant parties in interest should be notified of the action and an invalidated deed would mean the title reverts back to the original owner. Of course every fact pattern is different so it would depend on the details... Read more »

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2 Answers | Asked in Real Estate Law and Small Claims for New York on
Q: we have sold our apartment and we have $10,000 in escrow account.

Buyers are not releasing our money, stating that we have to fix windows, we have to provide 4 new Air conditioners and we have to provide 2 custom closets that was never there. Our lawyer is holding the money and says that he is not going to finish this case, since he finish with his part at... Read more »

Michael David Siegel
Michael David Siegel
answered on Dec 15, 2022

If there is not consent to release the money, you are going to have to bring a lawsuit. If the deposit is $10,000, it can be small claims. Name the lawyer holding the money, and the buyers. You do not need a lawyer.

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: What paperwork do I need to get drawn up?

We want to purchase my brother's house he's willing to sell it to us at what he still owes its him his wife on it and his father inlaw as a co signer. We are building our credit currently and we don't have anyone to co sign for us. My brother said we can make monthly payments for the... Read more »

Elaine Shay
PREMIUM
Elaine Shay
answered on Dec 13, 2022

Unfortunately, real estate transactions between family members that are done informally without an attorney often result in disputes down the road. Therefore, it is important to obtain legal representation to properly document this proposed transaction and best protect yourself instead of asking... Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: I have accidentally signed two leases, I did not know I was signing the leases when I did it.

I haven't moved into the place, the leases are for 2023-2024.

Carl Nelson
Carl Nelson
answered on Nov 30, 2022

It would be helpful to have more information about the leases and the facts surrounding them. For example, how was it that you did you not know you were signing a lease if you in fact signed it? The facts surrounding the signing and whether a contract was formed may also be relevant. Was there... Read more »

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