New York Real Estate Law Questions & Answers
Q: the wife has a mortgage on a property that was given to the ex- husband in a divorce case and a deed transfer was done.
Under N.Y. C.P.L.R. § 213(4), an action to foreclose on a mortgage must be initiated within 6 years of the claim accruing. I believe that the bank would be barred by this statute of limitations.
Q: Is a notice to vacate/quit in 30 days mean that I was evicted? Without a court order?
A1: It is the start of an eviction process, but it doesn't mean you were evicted, only a court order or judgment indicating you were evicted would be a legal eviction.
A2: Under New York law, you must itemize and return a tenant's security deposit within “a reasonable time” after the tenant has vacated the property, which typically means a window of 21-45 days.
Q: I live in subsidized housing, but have been away for a while taking care of my sick mother.
You can fight it. Prove that your mail, etc. still went to that address. You can get money to vacate if you fight it, so do not just drop it.
Q: We had a fire in our house. The insurance company gave money to us and our mortgage company.
The contractor you hire for repairs will work with them to get paid by them. They are holding money to make sure you repair the house.
Q: How to calculate statute of limitations in loan contract
Answered on Sep 9, 2016
Sounds to me like you have a good statute of limitations argument since in NY it's 6 years from the date of default.
Q: Can the sellers of a property keep a good faith payment even if the morgage was canceled through no fault of the buyer
A lot of what you've written doesn't make sense. Typically a deposit is put in escrow and the contract determines under what conditions or circumstances it may be returned.
Q: I got out of a lease due to domestic violence with police reports to show. He stayed am i responsible for anything after
Unfortunately, if you signed the lease it would most likely not be affected by the domestic violence aspect since your agreement is with the landlord. I'd need to see a copy of the lease to be sure of who is responsible. Feel free to email me to discuss further.
Q: Property with two owners sharing 50% of the property Can be sold in an auction by sheriff only 50 % of it .
I am not sure what you are asking. If you have a judgment against one owner you can levy and sell that person's share. If you are the co-owner, you can sell the whole at partition, and then get your share. I am unsure who you are here.
Q: My landlord stated she's taking me to court
The security deposit is separate from rent, however if you made an agreement with him it can be applied. It sounds like a silly spat that you both could resolve amicably by communicating with one another.
Q: In New York state if a deed to a house is owned equally by an ex-husband and ex-wife does Survivor get all or does
It depends on how the title to the house was taken initially, presumably it was as husband and wife, which makes it a tenancy by the entirety, and if that's the case the tenancy by the entirety was destroyed by the divorce, which makes the property then owned as "tenants in common" if there is no other superseding document. I'm happy to discuss this further if you want to email me.
Q: forclosure is listed for sale as accepting 203k loans only, can they then reject an offer stating cash only?
You have no recourse. There is no agreement to buy land unless there is a contract and you have none.
Q: My neighbor claims trees on my property are blocking his view
Ignore, unless they overhang his property, in which case he can cut that part down.
Q: "town and village codes"
Answered on Sep 2, 2016
It depends on what your contract says. If it is the form, you need to legalize the deck or cancel the contract. This is a common suburban issue. I am not sure why your attorney cannot deal with it.
Q: A foreclosed home was recently purchased by a bank. How can I purchase this property? The bank is not giving me any info
Contact the referee who did the sale to confirm the buyer. The attorney for the bank may also be able to help.
Q: Does the law of habitability apply to vacation rental? Rodent/mold/insect infestation resulting in respiratory distress?
Perhaps a formal legal demand letter from an attorney would convince the owner to respond, I'd be happy to help and give you a quote for my services, email me at bjanay@lobej.com.
Q: I just got a summons of foreclosure on my house. Can I send another person besides myself to respond?
Only an attorney is qualified to represent an individual or corporate entity in court, so if the person who you send is a licensed attorney then yes.
Q: Having huge issues with management company of a condo establishment. that we live in. What are my legal rights?
The condo association rules would govern. They likely have the right to impose fines, but not arbitrarily or selectively as I'm sure you believe to be the case. I can discuss in further detail, my email address is bjanay@lobej.com
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