New York Real Estate Legal Questions

it depends on the deed to you. If you were tenants by the entireties or joint tenants with the right of survivorship you do not need to do anything because the title automatically vested totally in you at the time of his death. If the title was different you may need to have an estate proceeding to get the title in your name only.... Read More

you would need to start an estate proceeding. A title company may be able to do a title search to see if there are any leins on the property from either medicaid or other creditors. YOu are right it is very complcated but the sooner you get started the easier it will be. Go to lawyers.com and find a qualified estate attorney near you. Don... Read More

If your mother was the sole owner of the house and she had no spouse when she died, you and your siblings became co-owners of the house in equal shares when your mother died.  This all depends upon what the deed says. If the house was transferred to your brother before your mother died, he is the owner, and has the right to evict you. The burden would be on you to prove that he used undue influence over her when she made that transfer. Your first step is to get the deed, which is available at the Nassau County Clerk's office (or online database) if the house is in Nassau County. Good luck!... Read More

You are all jointly and severally liable unless you had an agreement with each other that the landlord also agreed to. You can sue your roommate who is not paying for his or her share of the rent which is due but not for all the rent ulnless there is an acceleration clause in the lease. I would always recommend an agreement with all the tenants before signing a lease. In this case a default by any of you unless cured by the others is a default by all.... Read More

'Reasonable cooperation' towards a future sale, in a lease, does not mean responding to endless calls. Ok, if the property manager claims you broke the lease, let this brain scientist of a property manager start an eviction proceeding- his claim of your noncooperation will be laughed at by a judge, especially where the landlord has refused to give you your lease. Gerry Wendrovsky, Esq.- Upper West Side Landlord/Tenant Lawyer www.upperwestsidelawyer.com... Read More

There is no technical 'right' to refinancing- if indeed, they are still married, isn't it about time that a divorce is in order? If they are not married, then the only option would be to force a sale of the house, by commencing legal action. Gerry Wendrovsky, Esq.- Upper West Side Divorce Lawyer www.upperwestsidelawyer.com... Read More

Clearly, this is a question that cannot be answered in the context of this forum- numerous other questions have to be asked and answered. My suggestion is that the questioner consult with local counsel. Gerry Wendrovsky, Esq.- Upper West Side Real Estate Lawyer www.upperwestsidelawyer.com... Read More

You should consult in person with counsel, towards your representation in a future real estate transaction- better to do this now, and learn how to structure the deal upfront, than wait and risk unknown financial consequences. Gerry Wendrovsky, Esq.- Upper West Side Real Estate Lawyer www.upperwestsidelawyer.com... Read More

Title to property can only be accomplished with a signed deed. If your interest has been conveyed without your knowledge then fraud is possible. I suspect though that you either signed a power of attorney in the divorce settlement to give authority for someone to sign on your behalf. I recommend getting a copy of the deed to verify who in fact signed it. It can be obtained from ther County register. It is public knowledge and avaailable.   ... Read More

If you signed a contract to sell your home and it meets the requirements of a binding contract having been signed by all parties and a good faith deposit paid by the purchasers, they do have a cause of action for breach iof you do not agree to close. That being said, there are many contingencies that first have to be met, the most important one being if the purchasers received their loan comirttment by the deadline date in the contract of sale. The closing date uin the contract is usually not a definate date but can be either moved up or back by eeither party. My recommendation is to have a sit down with your attorney since he is he one that should have draftedthe contract to best protect your interests. Let him go over each clause that can possibly govern the outcome if you desire to cancel at this time. The last thing all parties usually want is to go into litigation over a real estate contract. I'm sure a rasonable solution can be reached.        ... Read More

Typically in a refinance transaction, a title company representative will be there to clear all title issues. Since you say that it comes up on title the title company will contact the judgement creditor and obtain a payoff letter and release of lien. You will be able to complete the refinance but this will have to be paid out of the proceeds. Make sure you borrow enough to cover all costs and expenses so there is no "out of pocket" cost to you.... Read More