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 »
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
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.... Read more »
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 »
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 »
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 »
Years. need directions on what I need to do or say to the lawyer to move this case on just need help.
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 »
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 »
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
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?
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 »
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 »
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.
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 »
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 »
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 »
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... Read more »
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 »
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... Read more »
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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 »
Title held as joint tenants with right of survivorship
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.
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.
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.
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.
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 »
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.
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 »
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 »
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.
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 »
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 »
I haven't moved into the place, the leases are for 2023-2024.
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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