The statement: hereby grant and release unto the Grantee(s), their heirs and assigns forever: (then it describes the land) along with
To have and to hold the above granted premises unto the Grantee(s)
Grantee(s) Shall quietly enjoy the said premises and the Grantor(s) will forever... Read more »
answered on May 25, 2023
That language (without your name listed as a grantee) does not mean that you are an owner of the property during her lifetime; you do not become an heir until she dies without a will. Rather, that language indicates that the property passes to her in all respects even after her death; as opposed... Read more »
My mother is also deceased. The property is up for foreclosure and an administrator was assigned I think. I've been getting pestered by investors to sell my share and the deceased family to sign forms last three years
answered on May 9, 2023
I’m not totally sure what your question is.
First I would suggest you obtain a better grasp on your interest(s) and who the relevant parties are (e.g. whether there is an administrator and whether you were in fact an heir to property).
Next I would be very cautious about... Read more »
Our assessments went up a minimum of $40,000 per property!!!! Our county is one of the poorest in the state and none of us have improved our property. The law used to be the assessers could not raise the assessment more than $10,000 in one year. I can't find that law now. Can you give me the... Read more »
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answered on May 7, 2023
In New York State, the rules for property assessments are governed by the Real Property Tax Law (RPTL). According to RPTL Section 305, property assessments must be based on their market value, and should be made at least once every four years.
Regarding the increase in assessments, RPTL... Read more »
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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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.... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read more »
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