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New York Real Estate Law Questions & Answers
1 Answer | Asked in Estate Planning and Real Estate Law for New York on
Q: My father owns an apartment in PR. His girlfriend lives there 5 days a week and my father got her a membership.

If my father passed away and the apartment is in a trust under my name and my sister could the girlfriend claim squatters rights or say we can’t kick her out?

Elaine Shay
Elaine Shay answered on Feb 23, 2021

Since the laws for property rights vary from State to State (or Territory), a New York attorney cannot answer that question for you. Consider posting your question in the board for that area.

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for New York on
Q: My fiance and my dtr bought a house and the title is only on her name, can his older kids claim this house in future?

Loan as well as the title. After closing the title will be ONLY ON MY DAUGHTERS NAME

Will my fiance kids (all married) claim the house when hes not around anymore?

Tim Akpinar
Tim Akpinar answered on Feb 20, 2021

You could repost and add Real Estate, Probate, and Estate Planning as categories - those areas of law are closer to the issues you raise than the Family Law category is. Not every question is picked up, but you could have better chances there. Good luck

Tim Akpinar

1 Answer | Asked in Real Estate Law for New York on
Q: I had a promissory note signed and notarized. He borrowed money to buy a house. Can I put a mechanics lien on the house
Elaine Shay
Elaine Shay answered on Feb 18, 2021

Generally, in New Yorkdirect contractors, subcontractors, material suppliers, equipment lessors, laborers, design professionals, and landscape gardeners who performs labor or furnishes materials for the improvement of real property may place mechanic's lien on property due to nonpayment. When... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: My boyfriend who is not on the lease but comes over, sleeps over I gave him keys and he got into an argument with anoth

another tenant because she was startled and didn't know who he was, she is claiming now she feels unsafe to open her door, landlord doesn't know i have a boyfriend, can I get in trouble

Elaine Shay
Elaine Shay answered on Feb 18, 2021

It's unfortunate that your neighbor had an argument with your boyfriend but hopefully you can smooth that over. It sounds as if you are nervous about the landlord finding out you have a boyfriend stay over but that is not something you would usually need to be concerned about as the landlord... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: what happens- if 1/4 family on NYC deed cannot be @ sale/closing- if cannot sign in future & don't want share of equity?
Elaine Shay
Elaine Shay answered on Feb 14, 2021

If one of the owners of a property cannot appear at the closing, the nonappearing owner can give his/her Power of Attorney to someone who will be attending the closing. The person appointed by the Power of Attorney would than be able to sign on behalf of the nonappearing owner.

1 Answer | Asked in Real Estate Law for New York on
Q: Home I just purchased came with two sheds, contract and RPR include them. Paperwork found for rent-to-own shed.

I just purchased a home with clear inclusion of two sheds on the RPR and the Contract. Upon moving in, paperwork was found in a cabinet in a pile left by the owner disclosing that one of the sheds is a rent to own with around 20 payments left. I have already loaded the shed with my personal... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 13, 2021

This is something that an experienced real estate attorney should advise on, but your post remains open for three weeks. If you did not already have an attorney representing you in the matter, you could consider reaching out to one and ask them to review the contract and/or provisions for handling... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: Can a co-op board elect themselves at the annual election meeting because no new candidates announced their candidacy?

Our by-laws dictate that the board must have an annual election meeting to elect board members. Because no new candidates announced their candidacy, the board decided not to hold the elections at the meeting and the current Board will remain until the next year.

The by-laws do have strict... Read more »

Elaine Shay
Elaine Shay answered on Feb 9, 2021

In order to give an accurate answer, the By-Laws would have to be reviewed. Some By-Laws will allow the current board to remain in place until a meeting with the proper quorum is present to hold elections or other variations that could make your Board's actions go either way.

1 Answer | Asked in Real Estate Law for New York on
Q: How to obtain a copy of HOI and PIF invoice when buying a home? We are using a VA loan

Our appraisal came in good, and the mortgage bank is requiring us to provide a copy of the HOI and PIF invoice. Can someone elaborate further on what this is and where to obtain these documents?

Derek John Soltis
Derek John Soltis answered on Feb 4, 2021

HOI is Home Owners Insurance. PIF could be paid in full. It sounds like they are asking for you to provide an invoice showing that your homeowner's insurance is paid in full. The simplest way to verify is to ask the bank to explain the acronyms to be sure.

1 Answer | Asked in Real Estate Law for New York on
Q: My father bought a house in Puerto Rico, which he paid in cash. How long will it take to receive the title of the house?
Elaine Shay
Elaine Shay answered on Feb 1, 2021

You would have a better chance getting an accurate answer posting this question in a board addressed to property issues in Puerto Rico instead of New York as the answer to your question varies based upon location.

1 Answer | Asked in Estate Planning and Real Estate Law for New York on
Q: Can I own a house in Puerto Rico but continue living in New York? or do I have to live in Puerto Rico part of the time?
Tim Akpinar
Tim Akpinar answered on Jan 30, 2021

Your post remains open for four weeks. Not every question is ultimately answered on this board, but you could try reposting under Puerto Rico to seek legal insights from attorneys who practice in Puerto Rico, where the house is situated. If you still receive no response, you could reach out to... Read more »

2 Answers | Asked in Divorce and Real Estate Law for New York on
Q: Do I need to legally evict my spouse from an inherited property in NY in order to sell the property?
Theodore Alatsas
Theodore Alatsas answered on Jan 23, 2021

Your questions is vague, and so my answer is equally vague. This depends on a number of factors, and so I cannot definitively answer. Are you currently married? Have you been divorced? How long has your spouse been there? etc. You should speak to a lawyer and provide more detail, before an... Read more »

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1 Answer | Asked in Real Estate Law for New York on
Q: Does an attorney representing the buyer in a sale of a house in NY State have a duty to ensure that the deed is recorded

by a title company?

Michael David Siegel
Michael David Siegel answered on Jan 21, 2021

No. Recorded yes. By a title company, no.

1 Answer | Asked in Real Estate Law for New York on
Q: My mother died a couple of years ago and left us property in Puerto rico. Because of all the storms property is damaged

I live in ny. My aunt tells me that the government is going to demolish the house and take over the property. Can they do that ?

Tim Akpinar
Tim Akpinar answered on Jan 15, 2021

I'm sorry for the loss of your mother. This would be governed by Puerto Rico law if the property is situated there. You could repost under Puerto Rico (click the linked text "Show More States"). Good luck

Tim Akpinar

2 Answers | Asked in Real Estate Law for New York on
Q: We just sold our farm (not our permanent residence). Most equipment was still in barns and new owners said no hurry.

Papers are signed and new owners say everything is theirs if each item had not been specified as ours. Do they now own our things?

Toshinori Isoai
Toshinori Isoai answered on Jan 13, 2021

You will need to carefully review the terms and conditions of the contract. Generally, any personal properties must be removed out of the premises prior to the transfer of the ownership (usually the closing date) unless otherwise stated in the contract. If any non-fixture items are left on or after... Read more »

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1 Answer | Asked in Real Estate Law for New York on
Q: When selling a property in NYS does the seller owe the real estate agent a commission if the seller finds the buyer?

The property in question is a small home located in rural Western New York State.

Tim Akpinar
Tim Akpinar answered on Jan 9, 2021

This is really something that the real estate attorneys here would know the best, but you await an answer for two weeks. Until you're able to consult with an experienced real estate attorney for the most meaningful input, as a general matter, a seller's commission obligations to the agent... Read more »

2 Answers | Asked in Real Estate Law for New York on
Q: I live in NY and want to pay off private mortgage early.

Mortgage has 8 years left and the mortgage holder says, I have to pay all the interest on it, as if, I were to take the 8 years left to pay? I believe this is wrong and possibly illegal? Please advise.

Michael David Siegel
Michael David Siegel answered on Jan 8, 2021

Whatever the document says governs. A prepayment penalty is not illegal. A Federally insured residential mortgage cannot have one, but it is not illegal.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Does this only apply to renal spaces or does this also apply to owned spaces with the owner living in the space?

Referring to - 2006 New York Code - Unlawful Eviction - 26-521 Unlawful eviction

Toshinori Isoai
Toshinori Isoai answered on Jan 4, 2021

Very likely yes. It's not about whether the landlord/owner is living in the building or space. It's about whether you are lawfully occupying the dwelling unit, has a valid lease, etc. If you are a lawful occupant, then any attempt by the owner/landlord to evict you for not-legally... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for New York on
Q: “Tenant will pay its pro-rata share of property tax increases over the Tenant's 2021/22 base year 20% of tax increase.

It’s a paragraph from commercial lease.

Toshinori Isoai
Toshinori Isoai answered on Jan 4, 2021

I don't see a question here, but the clause is not unique in commercial lease in NY. That's among the terms and conditions where lawyers for the parties involved negotiate vigorously for their clients.

2 Answers | Asked in Real Estate Law for New York on
Q: Property in NYC, there are 3 beneficiaries in the family, equal parts-myself, mother and brother. I am the executor of

The estate, citizen in the US, my brother and mother have no permanent residency. My brother signed a contract with a real estate behind my back. Does that contract is even valid provided I’m the one with Letters of Administration issued by the Queens Court. Also, when completing possible sale,... Read more »

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

Brothers contract is not valid. Whether only your signature is required depends upon the terms of the will and how the property was titled. If the property was left to the three of you, a sale requires all three signatures.

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2 Answers | Asked in Real Estate Law and Estate Planning for New York on
Q: How can my cousins in Maine gift me a piece of family land that is still in my great-great grandmother's name?

My cousin's father paid taxes on the land all of his adult life.

When he died, the town sent the bills to my cousins. They have been paying the taxes on the land for about 40 years.

They would like to gift the land to me, but title search shows the land still in my great-great... Read more »

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

You need a Maine lawyer. If it goes back that many generations, the title issues might make this an impossible mess.

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