New York Real Estate Legal Questions

  The term is 'Golub notice', and is a combined notice required to be served in connection with holdover proceedings premised upon the non-primary residence of a tenant. This notice is always prepared by a qualified landlord-tenant attorney, and its specific draftsmanship and service should not be attempted by a non-lawyer, as the tenancy is highly regulated. Your relative should retain qualified counsel, if the intent is to terminate the lease of the tenant. Gerry Wendrovsky, Esq.- Upper West Side Landlord-Tenant Lawyer www.upperwestsidelawyer.com  ... Read More

You may be trespassing if you remove the fence. By allowing him to keep the fence on your property, he may have acquired title to that portion of the property, based on the doctrine of 'adverse possession'. You should consult with qualified counsel, before doing anything. Gerry Wendrovsky, Esq.- Upper West Side Real Estate Lawyer www.upperwestsidelawyer.com... Read More

More importantly, where was your attorney in all of this? If you did not have an attorney and let one person handle the closing, then you will have to pay a significant amount of money to engage an attorney to bring suit. Gerry Wendrovsky, Esq.- Upper West Side Real Estate Lawyer www.upperwestsidelawyer.com... Read More

When you buy real estate in New York, the only thing that proves you own it is a deed, which is a document signed by the owner saying that they are transfer it to you.  That deed is then recorded in the County Clerk's office, and this allows the world to see that you are the owner.  It is recorded on the properties block and lot, which is a unique designation identifying that piece of real estate. Though this is simple, there is one other item which you should have.  Any one purchasing real estate in New York State should also have a title insurance company insure you that you have good and marketable title.  This may cost you extra money, but it's worth it, since before they issue the insurance (and before you purchase it), the do a "title search" which discloses any title defects (and other useful information). With a deed (properly recorded) and a title insurance policy, you should feel comfortable that your title is "good".... Read More

It depends if this is a short sale or not.  In a short sale, you will not get back a refund.  In a regular closing, you will get a refund from the buyer if the taxes were paid to the town.  If just in escrow, you will get a refund of any escrow surplus once the bank takes its payoff.... Read More

This is more complex than you might imagine.  First, do not pay rent to the landlord, but contact the bank doing the case about rent.  Second, the answer turns in part on whether you have a lease.  Finally, the answer turns on where you are located.  NYC has different procedures.  For now, you can stay put.  But, you need to monitor the case.... Read More