New York Real Estate Legal Questions

The landlord is required to comply with the contract just as you were. I hope you left the apartment clean and in good repair absent normal wear and tear. I would wait a few more days and if they haven't sent the downpayment, bring it to local small claims court. I also hope you took pictures just before you left, because they will claim that you had damaged something.  ... Read More

To purchase property a contract of sale is entered into. This contract of sale usually contains language to the effect that "this contract embodies the full understanding of the parties and the seller is not bound by any representations made by any third parties or agents unless contained herein". These words may not be exact but similar and will shield the seller from these types of situations. Since this was amajor component for you choosing this lot, the contract needed to have a provision to provide this. Then when your title search was run on your property an additional search on these lands would reveal the fact that these lands were privately owned. Before the closing this issue come up and you could then decide to cancel the contract. It is my opinion that now it is too late to go against the seller unless you could prove that the seller purposuly conspired to decive you which would be very difficult. ... Read More

When refinancing your home you do not need a lawyer to represnt you although you may want to hire one to help explain the documents you will be signing. Typically at a refinance closing an attorney representing the lender and a title closer representing the title company to notarize the documents will be present. The lawyer is there to represent the lender and not you. Although he/she will explain the document you will be signing he/she owes you no obligation to give you an opinion if it is a favorable transaction. Your protection lies in the fact that Banking regulations requires that the lender give you a 3-day right of rescission. You will have until midnight of the 3rd day after the actual signing to cancel the transaction. It is for this reason you do not ned an attorney to be present at the signing. Perhaps you can save money by bringing the documents to your atorneys office after the closing and pay for an hour consultation rather then pay for his/her attendance at the signing.... Read More

You are reading too much on the internet.  Deal with the debt, and get a modification.  Fighting on these urban legends about documents, etc., is a waste of time.  If they sue you, they will have proof of ownership of the loan.  Check the clerk of the court and make sure there is no pending case.... Read More

It sounds like the seller's attorney was escrowee and you were relying on the mortgage contingency clause to get your $42,000 downpayment back. You should get your downpayment back if you complied with the contract. In a typical contract, you have only a certain number of days to give the seller notice that you tried to but could not get a mortgage. If you complied with all terms of that contract, you should get the money back. If you have an attorney, ask him/her how to get the money back. If the escrowee improperly gave your money to the seller, you may be able to go after that person. The answering of this question does not form an attorney-client relationship.    ... Read More

The answer turns on the proprietary lease and the way it is written.  In general, if the owner, i.e. you, is not living there, then a family member not on the lease cannot stay there alone.  However, these cases usually settle.  I assume your cousin is doing something that is annoying someone, and it needs to stop.... Read More

Unless there are special rules for the building, which would have to be scrutinized, then it is likely that whoever showed you the apartment has violated Federal law, and likely local law as well. You can consult with an attorney, and should file a claim with your local office of HUD. Gerry Wendrovsky, Esq. www.upperwestsidelawyer.com  ... Read More

The general answer is no, however. If your name is not on the deed and not on the mortgage, you are not responsible for it. If your name is on the deed and not on the mortgage, why isn't it? The mortgage company could claim fraud or perhaps the mortgage is not valid. Either way, the mortgage company could call it due and sue to foreclose. If your name is not on the mortgage but is on the note, you are responsible. The mortgage is a lien against the property and the note is a debt instrument requiring the persons on the note to repay it. You could consult with your title company.  ... Read More

The condo may also be responsible, and will have insurance.  In short, if you have no insurance, there is nothing for you to do now.  If a claim is made against you, you need to get a lawyer, and defend it.  Part of defending it will be referring the claim to the condo board, who will also notify its insurance.  Negligence is not the issue.  If the pipe was a main line inside the wall, the condo is responsible.  If it was your line outside the wall, you will likely be so responsible.... Read More

You definitely need a lawyer because you have no idea what is happening.  You need to know if a case is pending for foreclosure.  You can always reinstate a mortgage by paying arrears.  The plan you have makes sense, and a bank should agree.  A Chapter 13 bankruptcy would actually work here, as the bank would have to accept a plan for repayment of arrears.  Most importantly, you need to know where you are in the legal process, so you know how much time you have.... Read More