New York Real Estate Law Questions & Answers

Q: Hi my mother died on this Jan 21 my twin sisters who are disabled always lived with her and mom left them the house

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for New York on
Answered on Feb 7, 2016

If the Deed is not in their names the Will must be probated through surrogates court. The cost and length of the probate process will depend on the complexity of the estate.

Q: Can a new York State licensed home inspector inspect a home in New Jersey and have his findings hold up?

1 Answer | Asked in Real Estate Law for New York on
Answered on Nov 10, 2015

If he is not also licensed in New Jersey, and if New Jersey requires that inspections be done by a licensed inspector, no.

Q: I bought a timeshare in FL and can no longer afford it. I also have only been able to use it once. I have been unable

1 Answer | Asked in Real Estate Law for New York on
Answered on Nov 3, 2015

Florida does judicial foreclosures. In a nutshell this means that the secured party (who you make the timeshare payments to, I imagine) would sue you to foreclose its mortgage. The property is sold, and if it brings less than what you are owed, a judgment would be entered against you for the difference (the "deficiency").

You might want to confer with a bankruptcy attorney in your state of residence (New York, apparently) about filing for bankruptcy protection. It might be possible...

Q: Is the property mine or my neighbors?

1 Answer | Asked in Real Estate Law for New York on
Answered on Oct 29, 2015

Of course it isn't theirs just because they say that it is. Chances are that, even if there was some mistake with the survey, you own it by the doctrine of adverse possession (if nothing else).

Q: A friend of mine is living in a house. The deed is in her mother and fathers name.

1 Answer | Asked in Real Estate Law for New York on
Answered on Oct 26, 2015

Probably. Your friend needs to go see a foreclosure attorney in PA about this.

Q: A neighbor entered my property while I was out and sawed off a huge limb of my magnolia tree. What are my rights?

1 Answer | Asked in Real Estate Law for New York on
Answered on Oct 26, 2015

You can hire an attorney and sue or you can report the crime, he will be arrested and charged, and perhaps you could get an order entered that he has to pay you restitution.

Q: WHO owns this property??

1 Answer | Asked in Real Estate Law for New York on
Answered on Oct 21, 2015

The father and his daughter are dead, and the daughter's husband is still alive? It would seem to belong to the father's son-in-law (widower of father's daughter).

Q: If a house burns down before I can get a mortgage is it still mine?

1 Answer | Asked in Real Estate Law for New York on
Answered on Oct 20, 2015

You contracted to buy the house and then the house was destroyed by fire? No, you don't have to buy.

Q: Puerto Rican law re transfer of land to grandson. Both owner and grandson reside in NY. How to proceed?

1 Answer | Asked in Real Estate Law for New York on
Answered on Oct 4, 2015

Speak with an attorney in PR about this, or one licensed in both NY and PR.

Q: My mother owns land in Puerto Rico which she would like to give to a relative. Both relative and mother live in Ny.

1 Answer | Asked in Real Estate Law for New York on
Answered on Oct 4, 2015

She needs to contact an attorney in PR, or one that is licensed there and also in NY.

Q: Considering purchasing a home in NYC - owner is ill. What happens if she passes away before closing?

1 Answer | Asked in Real Estate Law for New York on
Answered on Sep 30, 2015

An estate would have to be opened and the estate would complete the transaction.

Q: Are contractors who filp a house for investment purposes, liable for repairs for work done incorrectly, after they sell?

1 Answer | Asked in Real Estate Law for New York on
Answered on Sep 21, 2015

They might try to argue that you should have discovered this on inspection, but I doubt that their argument would ... "hold water". So yes, it appears that they are obligated.

Q: Can my neighbor place a webcam on their window facing my backyard

1 Answer | Asked in Real Estate Law for New York on
Answered on Sep 17, 2015

Certainly. In general, they can use a webcam from anywhere they can lawfully be. Obviously they can be inside their window and look into you yard, so they can put a cam there too. If you don't like it, put up a fence.

Q: Does one need to have a quiet title to grant a pipeline easement?

1 Answer | Asked in Real Estate Law for New York on
Answered on Sep 13, 2015

If you don't have good title to the property, the easement may not be valid either. Thus the grantee (the person or corporation who is buying the easement) may well insist that your title be perfected before they will pay.

Q: Can we sue? Do we have a case?

1 Answer | Asked in Real Estate Law for New York on
Answered on Sep 9, 2015

Didn't you inspect the lot before you bought it? And I fail to see how you have been damaged by the developer's vice president's statement that there would only be a "slight" slope. If this was a misstatement, did it affect the value of the property (is the value less than what it would be if the VP had been "accurate")?

I suggest you speak to an attorney, at which time you should be prepared to show the attorney pictures and a lot diagram. Because I'm not at all sure I understand...

Q: Can Items excluded in contract be claimed over a year later?

1 Answer | Asked in Real Estate Law for New York on
Answered on Aug 12, 2015

Justia Legal Answers is a forum for consumers to get answers to basic legal questions. This question requires reading the contract, the email, and probably doing research

Q: Y If 5 parcels were purchased with a mortgage and all have own tax bill can 1 of them be sold? Still has mortgage

1 Answer | Asked in Real Estate Law for New York on
Answered on Aug 5, 2015

The owner may need permission of the lender. Check with a local real estate lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to...

Q: My sister's whereabouts is intentionally being kept secret so that I cannot serve a partition action. What can I do?

1 Answer | Asked in Real Estate Law for New York on
Answered on Aug 4, 2015

Talk to a local real estate litigation lawyer. They should be able to assist. I don't practice in NY, but in other states options may include filing a lawsuit and conducting discovery and/or alternate forms of service.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a...

Q: It's not ideal but Can i sell my House For less than I owe the bank?

1 Answer | Asked in Real Estate Law for New York on
Answered on Aug 4, 2015

You may be able to do that if you get the bank to agree or if you pay the difference. A local real estate lawyer can advise based on your specific circumstances.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and...

Q: I just bought a home and closing was to be by end of July, the seller wants to delay for another month What can I do?

1 Answer | Asked in Real Estate Law for New York on
Answered on Aug 3, 2015

A local real estate lawyer can review the agreement and advise of your rights and options.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you...

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