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New York Real Estate Law Questions & Answers

1 Answer | Asked in Real Estate Law for New York on

Q: My father passed away 20 years ago and in how will he left my mother his house, he owned the home by himself.

My mother refinanced the house and paid off the mortgage five years ago. We recently found out the deed was never transferred to her. The tax bill comes in both my mom and dads names. How do we get my mothers name on the deed?

Michael David Siegel answered on Aug 15, 2019

There is no way she could have refinanced without being the owner. Something is not right. However, it sounds like the deed was just never done, but the will was probated, which might make it easy. A review of the estate file and title records is needed.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for New York on

Q: Hi, I am renting a room from a tenant in NYC, she has asked me to leave.

Hi, I am renting a room from a tenant in NYC, she has served me a 30 days early termination of sublease paper. I may not be able to find another place to live by September 1st, and am planning on staying if that is the case. Can she legally do this? What will be the next steps for her if I don’t... Read more »

Elaine Shay answered on Aug 12, 2019

The terms of your sublease and the type of and manner in which you were served are all relevant to determining in your roommate is acting properly. Regardless, if you do not comply with the demand to vacate, the tenant's next step would be to serve you with court papers to seek your eviction.

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for New York on

Q: Who's job is it to get the property deed and change the title, my lawyer, the probate lawyer or the sole heir/executor?

I couldn't find the house deed. My lawyer's P.L. said they could for $500. I eventually paid $10 for an official copy at town hall. I'm still not sure how to change the title, I don't understand the included instructions. My lawyer said he could help. I've paid them approx $9-12K for both our wills... Read more »

Nina Whitehurst answered on Aug 12, 2019

There is no way any attorney in this forum can answer your question without reviewing your various engagement letters with your NY attorney because the answer depends entirely on the scope of those engagements and the fees quoted.

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1 Answer | Asked in Real Estate Law for New York on

Q: I own a home with my daughter’s mother. We are both on the deed and on the mortgage. We split up about 2 years ago, I

Was forced to leave the residence she has paid the mortgage ever since. I have put close to 100,000 into the home, including the down payment. My question is can she sue me and take sole possession of the home?

Elaine Shay answered on Aug 12, 2019

When co-owners cannot resolve a dispute regarding the proper division of their interests in real property, either party can commence a partition case in court and seek an accounting. If the parties cannot negotiate a buyout agreement, ultimately the court can order the sale of the property and... Read more »

2 Answers | Asked in Real Estate Law for New York on

Q: I am in contract to buy a home in NY, the seller has a Medicaid lien on the title and is having trouble clearing it.

My question is, how long do I have to wait to cancel the contract and get a refund on my deposit?

Elaine Shay answered on Aug 12, 2019

Generally, the contract of sale between the parties determines this issue and establishes the means of objecting to delay and demanding the return of the downpayment. Therefore, the best place to start in obtaining answers to your questions should be with the attorney you retained to represent you... Read more »

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for New York on

Q: Sold house in 2011. A cert of occ was never issued for an added structure prior to sale. is the sale valid?

Added 1st floor sun room to single family house (with permit) in 1983. Unknown to original owner, inspection for remodel was never recorded by bldg dept. Sold house in 2011. An agrmnt with buyer and lender was made for buyer to procure inspection to receive the required CO. Agrmt obligation... Read more »

Michael David Siegel answered on Aug 11, 2019

Sales are generally "as is" unless there is an agreement to the contrary. You referenced some escrow agreement. The sale will be governed by that document. No one should close without a valid certificate of occupancy. Whatever the buyer did (I am unsure if you are buyer or seller) was a mistake.

1 Answer | Asked in Real Estate Law for New York on

Q: Is a New York state deed valid between the parties in it, if it is not notarized?

Michael David Siegel answered on Aug 8, 2019

A deed must be acknowledged, which is not the same as notarized. Thus, short answer to your question is no.

2 Answers | Asked in Real Estate Law for New York on

Q: Is it required in New York for a deed to be recorded in order it should be valid?

In some states it is required and in some not

Michael David Siegel answered on Aug 7, 2019

An unrecorded deed is valid between the parties in it, but third parties are not bound, and any recording done before the deed is recorded has priority.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on

Q: Landlord Installed the Wrong Sink/Faucet and Won't Fix It

We live in a rent stabilized NYC apt. Our bathroom sink had cracks that finally caved in leaving a hole.

After 6 years with a dedicated super, the landlord decides they'll only have a part-time Porter for cleaning & a tech/repair person only on a contract basis. So management orders the new... Read more »

Elaine Shay answered on Aug 5, 2019

If you have conditions in your apartment that you believe would constitute a violation, you can start an HP Proceeding in Housing Court. An inspector will be sent to your apartment and issue a report of any violations that are determined to exist and the landlord will be required to fix the... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on

Q: Tried to break lease when I bought a home. Complex said no I have to sublease with a 300.00 fee and another deposit.

Is this legal...been there 5 years and I have to find the tenant even though their turnaround is high. Manager said they started subletting program 2yrs ago because too many people were buying houses our lease is a one year lease with no mention of subletting. I am now paying rent and a mortgage... Read more »

Elaine Shay answered on Aug 5, 2019

If your lease has not yet expired and you are attempting to get out of your contractual obligation to pay rent for the remaining unexpired term, the landlord has a right to negotiate for the terms that they are willing to consider. If an agreement can't be reached, a tenant generally remains... Read more »

1 Answer | Asked in Real Estate Law for New York on

Q: Can the name on the deed of a real property remain the name of the granter if the deed is put into a trust?

If this is the case then nothing would need to be actually filed with the county clerk

Michael David Siegel answered on Aug 4, 2019

The deed must be in the name of the trust for the trust provisions to apply to it. That is the whole point of the trust.

2 Answers | Asked in Banking and Real Estate Law for New York on

Q: Can I purchase a first mortgage of a residential property, from a bank.

Want to Buy Mortgage Note from a bank, I'm not currently the owner of the property.

Michael David Siegel answered on Aug 2, 2019

Legally, yes you can. Will they sell it to you? It depends.

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2 Answers | Asked in Real Estate Law for New York on

Q: I purchased a home with a man and he became extremely abusive. I want my money back so I can move out.

I pay the full mortgage. I also want my name taken off the deed.

Lawrence Allen Weinreich answered on Jul 30, 2019

The only option you have is to start what is called a partition action to sell the house. Depending on how the deed reads, you may also be able to sell your share to a 3rd party. The easiest would be for him to just buy you out. If he is physically abusive, you can go to Family court and get a... Read more »

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1 Answer | Asked in Real Estate Law for New York on

Q: is it common for fund transfer from mortgage bank to take until the next day of the closing to be distributed?

Michael David Siegel answered on Jul 26, 2019

For new purchase, no. For re-fi, yes.

1 Answer | Asked in Estate Planning and Real Estate Law for New York on

Q: I am the estate administrator in Florida but not yet in NYC. Can i sell a house or enter sale contract in NYC?

I am the estate administrator in Florida but not yet in NYC (filed but still going to take time). Can i sell a house or enter sale contract in NYC?

Michael David Siegel answered on Jul 24, 2019

You can start the process. To close your ancillary letters will need to be issued. The title company will require it. Just make sure the contract accounts for this issue.

2 Answers | Asked in Foreclosure and Real Estate Law for New York on

Q: can a foreclosure sale be set aside if there is no proof of publication and proof of notice of sale in nyc ?

I am a title reader in NYC, a deed went on 2017 out of a referee to an LLC. The lender foreclosed on the estate of the owner and the action shows no proof of publication and no proof of notice of sale. The LLC is now trying to sell the property. I believe the action can be set aside but want an... Read more »

Derek John Soltis answered on Jul 24, 2019

Normally the proof of publication is filed with the case. If you give an attorney the case number it is fairly easy to find if the case was filed after 2011 otherwise it would need to be pulled from the courthouse itself.

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1 Answer | Asked in Real Estate Law for New York on

Q: We hired some plumbers to repair the bathroom. Turned into more work. They had to demolish everything and replace some

Beams under the floor that were rusted. He left earlier today without saying anything. Now he says he got stuck with a rusty nail. Can he sue us for that? If there is a nail, it wasn’t exposed till they exposed it during demolition

Michael David Siegel answered on Jul 23, 2019

That is why you have insurance. If he makes a claim, turn it over to your carrier.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for New York on

Q: I heard that landlords are no longer able to ask for 1st month, last month and security deposit. As of June 13 in NYC?

Is it true that the laws changed on the 13 of June 2019. Landlords are no longer able to ask for three ways and the security deposit cannot exceed 1 months rent. Is this true?

Elaine Shay answered on Jul 22, 2019

Landlord's are permitted to hold one month's rent as a security deposit and are still entitled to require payment of first month's rent.

1 Answer | Asked in Real Estate Law for New York on

Q: how can i evict mentally ill tenants from my home with a month to month unwritten lease

i need to evict my friends from my home because there is toxic tension between them and my boyfriend.

Elaine Shay answered on Jul 22, 2019

If you cannot prevail on your "friends" to voluntarily vacate, you will need to commence a summary proceeding in Housing Court. Although you are not required to retain an attorney, there are numerous technicalities that can result in the dismissal of your case. Therefore, usually better to bite... Read more »

1 Answer | Asked in Real Estate Law for New York on

Q: Besides annual dues what other payments are mandatory in an HOA? Is a Reserve Assessment mandatory or only “Special A.”?

We have to pay a “Road Reserve Assessment (To Build Reserve for Future Road Replacement)“, but this was not voted on. No data, proposals, estimates were given at meeting just a board member’s word that this needs to be done and that the ONE company he picked is the best to do it.

Elaine Shay answered on Jul 22, 2019

The By-Laws set the rules for the operation of the HOA.

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