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New York Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for New York on
Q: We owe the IRS back taxes We have presented an OIC to the IRS we are still waiting for a decision We explained

This in confidence to our broker Now he is saying he has to disclose this to other agents and buyers We don't want him to . what if he discloses our personal business?

Michael David Siegel
Michael David Siegel answered on Sep 20, 2020

Unless the taxes are a lien, I am not sure what the issue is. If the taxes are a lien, the IRS will have to waive it for you to close. It is not really a sale issue, but a closing issue your lawyer will work out.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Can I, as the landlord, serve a notice to vacate to my tenants who are on a month to month lease or do I need a lawyer?

Also, where to find the way to deliver the notice according to my state rules would be greatly appreciated

Victor M. Feraru
Victor M. Feraru answered on Sep 17, 2020

You can serve it yourself. Make sure to follow all of the required formalities exactly as your jurisdiction and the State requires. If you do not the court will likely throw out the matter and make you start all over.

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1 Answer | Asked in Estate Planning, Probate and Real Estate Law for New York on
Q: My home is in both my name and my late husband's. He died 10 years ago with no will. All we had was the house.

We lived paycheck to paycheck. He had been disabled for 24 years. How do I get the deed in just my name?

Howard E. Knispel
Howard E. Knispel answered on Sep 14, 2020

You may not need to. If you are going to sell, Usually the title company will accept a deed granting to the buyer from the surviving spouse with a death certificate. If you do want to change the deed now, you would need to file a new deed along with the death certificate and transfer documents,... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: After the contract is signed what happens if the appraisal is below our bidding offer? We are using a VA Loan

Additional info: Individual is also a disabled veteran

Elaine Shay
Elaine Shay answered on Sep 11, 2020

Generally, real estate contracts provide an option for you to cancel the contract in those circumstances.

2 Answers | Asked in Real Estate Law for New York on
Q: I believe I signed a bargain and sale deed to my sister under undue influence.

i owned the house with my mother as joint tenants with rights to survivorship.

The deed shows a sale for $800,000 but i never signed a contract. My sister showed up one day with the deed and talked me into signing.

Elaine Shay
Elaine Shay answered on Sep 11, 2020

This is a serious and complex situation. Instead of posting here, you should promptly consult with and retain counsel to protect your rights to the property.

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1 Answer | Asked in Real Estate Law for New York on
Q: I started a case in New York and the property in Orange County, Florida Can I file a lis pendens in Florida and how?
Michael David Siegel
Michael David Siegel answered on Sep 11, 2020

Although this issue is governed by FL law, you likely cannot. A Notice of Pendency is in the jurisdiction of the property. Depending on the case, there are other remedies, like an injunction, you could pursue in NY.

2 Answers | Asked in Real Estate Law for New York on
Q: Can property tax rise on a house after closing? Also, if we overbid how can we offer lower price w/o losing the deal?

We overbid on a property that was listed under market price for 425K with property tax if 4800/year. We are questioning why the tax is so low and if there is a possibility it may rise after closing

Elaine Shay
Elaine Shay answered on Sep 10, 2020

Yes, RE Taxes can and do regularly increase. Some buildings have temporarily reduced RE Taxes... for example because of a 421a tax abatement. Consider retaining an attorney to assist you with in the questions you have.

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1 Answer | Asked in Real Estate Law for New York on
Q: Will removing real estate from my name before applying for S.S. affect me
Tim Akpinar
Tim Akpinar answered on Sep 10, 2020

You might be better off reposting this in the Social Security section - it isn't really an issue that real estate attorneys deal with. There's no guarantee all questions are picked up, but you'd have better chances of meaningful input there. Good luck

Tim Akpinar

1 Answer | Asked in Real Estate Law for New York on
Q: For multiple home ownership lawsuits, does the court make an award factoring in the lack of financial help by co owner?

My sister is currently suing me for 22% ownership rights for a 1988 deed, conveying her rights without her knowledge. If she prevails will the court adjust her award by factoring in her failure to make any contributions to the home expenses since she moved away in 1988? Also, she lived in my home... Read more »

Elaine Shay
Elaine Shay answered on Sep 8, 2020

Not necessarily. If you are being sued for "partition", a filing for an accounting is also often sought. That does not automatically mean you are entitled to contribution towards expenses... especially if you benefitted from exclusive use and control of property during that time. In... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: No contract was signed, how would we go about changing our bid?

We found a property of interest in East Northport Long Island. Price on property was listed for $425K with property tax of $4781/yearly. This was also a listing of our agent. She informed us there are multiple offers since the property was priced below market value. We had offered 525K & they... Read more »

Elaine Shay
Elaine Shay answered on Sep 8, 2020

Generally, real estate contracts are not binding until reduced to a writing sold by both parties. Therefore, if you made a verbal offer, this alone would not usually bind you and, in that case, you may simply be able to withrdraw your offer. Although you can make a lower offer, the seller or may... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: We overbid on a house, are there any strategies to bring down the price we offered? It was our agents listing. See below

We found a property of interest in East Northport Long Island. Price on property was listed for $425K with property tax of $4781/yearly. This was also a listing of our agent. She informed us there are multiple offers since the property was priced below market value. We had offered 525K & they... Read more »

Michael David Siegel
Michael David Siegel answered on Sep 8, 2020

It depends if you signed a contract or not. No contract, just change your bid. If a contract you are stuck.

1 Answer | Asked in Real Estate Law for New York on
Q: My mom died no will can my brother claim the house and sell it with out me .the house is located in Brooklyn
Michael David Siegel
Michael David Siegel answered on Sep 5, 2020

Legally, no. But if he says he is the only kid, someone might buy it. You should apply to be estate administrator, which is easy, and stops any issue.

2 Answers | Asked in Real Estate Law for New York on
Q: Can i be locked out of an apt. Ive been living in since Oct 2019? Lease is under my deceased hub's mother's name.

Very complicated story. Im gay. Husband passed away April 26 of this year of skin cancer. Was a very abusive relationship. I need more than legal help. I havent grieved his death because it was very abrupt and filled with anger. I always tried to stay out for as long as possible but came back a few... Read more »

Michael David Siegel
Michael David Siegel answered on Sep 4, 2020

There are no lockouts in New York. Call the police ASAP. You may need to go to housing court ASAP.

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2 Answers | Asked in Foreclosure and Real Estate Law for New York on
Q: i need help filing default or summary judgement regarding my quiet title complaint- dutchess supreme index 2020-829
Michael David Siegel
Michael David Siegel answered on Sep 3, 2020

There is a big difference between the two. No lawyer is going to give you a tutorial. If you do not know what to do, hire a lawyer.

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3 Answers | Asked in Landlord - Tenant and Real Estate Law for New York on
Q: Can I terminate an apt Lease me being the tenant?

I am married but separated. I moved out of the apt my spouse stayed there. On the 2 (now 1 year remaining) year lease there is my name and her name. We used my credit.

I would like to terminate the lease or at the least take my name off that lease. Is this something I can do? and... Read more »

Michael David Siegel
Michael David Siegel answered on Sep 2, 2020

You cannot do it. The landlord is not responsible for your marital issues. If the landlord consents you can do it.

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1 Answer | Asked in Real Estate Law for New York on
Q: He Hello I was wondering i am involved in a scam on craigslist because the thing is the persons offer me a Deal

Hello I was wondering if I am involved in a scam on craigslist because the thing is the persons offer me a Deal too good to believe and utilities included for $900 a month furnished. Including laundry free an gym. How can I detect if it’s real and not scam ? What should I do. It’s in Manhattan

Victor M. Feraru
Victor M. Feraru answered on Sep 2, 2020

I think trusting your gut is correct. Normally if something seems too good to be real, it is. There are a number of things you can do to make sure you don't get scammed: cross reference the address, google the apt's agent, never rent sight unseen, and vet the person who is offering... Read more »

2 Answers | Asked in Estate Planning and Real Estate Law for New York on
Q: Options needed to purchase house from parent.

My father owns a house free and clear that he would like to sell to me. He does not live in the house but maintains it. He also has another house where he lives with his wife. I need to stay in my current home until kids graduate in 2024. My father is 87 and not in good health, he may not be around... Read more »

Elaine Shay
Elaine Shay answered on Aug 31, 2020

If your father is agreeable to delaying the receipt of the proceeds from a sale of the property, he could sell the property to you now and take back a baloon mortgage that becomes due at the time you intend to be ready to move. This way the purchase price and sale are confirmed and you become the... Read more »

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1 Answer | Asked in Real Estate Law for New York on
Q: Can sister in charge of the estate sell everything without my permission

I got a check and no details of what it was for. Now the younger sister taking poperty without permission of all 3 of us. Can she do this

Michael David Siegel
Michael David Siegel answered on Aug 29, 2020

Probably not but it depends on what the will says she can do. You can always ask the court for an accounting, and dispute it.

2 Answers | Asked in Real Estate Law for New York on
Q: How long should it take to transfer an inherited property from the trust of the deceased to that of the beneficiary?

I've inherited a rental property in NY through my deceased mother's (formerly) revocable living trust. I live in another state and have been trying to get this completed through a recommended real estate lawyer in NYC, but it's been over a year since I retained her and not much more... Read more »

Michael David Siegel
Michael David Siegel answered on Aug 27, 2020

No. Something is amiss. It should take a week. I am not even sure why you are doing a title search, etc.

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2 Answers | Asked in Real Estate Law for New York on
Q: My father signed me over a property quit claim, he has a heloc on it but won’t pay. Is there anything I can do?

He has Alzheimer’s and his wife took over all finances. I live on the property but I feel like she will let it forclose just to spite me. Is there anything that I can do?

Elaine Shay
Elaine Shay answered on Aug 26, 2020

You can make the payments yourself but quit claim deed wouldn't entitle you to force someone else to make the payments

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