New York Real Estate Legal Questions

The problem appears that you would have to intercede in the foreclosure process, by participating in the court case. Additionally, you could file a motion for contempt as against your ex-wife. You should consult with counsel. Gerry Wendrovsky, Esq.- Upper West Side Lawyer www.upperwestsidelawyer.com... Read More

There are two "hard parts" to the problem.  The first is arriving at the point of filing a lawsuit against a sibling.  The other is the distance. The good news is that almost certainly New York has a proceeding whereby a co-owner can petition the court to require that co-owned property be sold for a division of the net sale proceeds.  Such a suit is not really a lawsuit against the siblings -- it is a lawsuit asking the court to require that the property be sold.   In such a suit, any of the co-owners would "probably" have a right to purchase the property for an appraisal value to avoid the sale.  Otherwise, the court would almost certainly order a sale by public auction and the sale would be conducted by court personnel.  An auction will not necessarily bring market value, but it would get the job done.   Find a recommended real estate lawyer in the county where the property is located.  I don't recommend using the yellow pages for the search for a lawyer.  Try to get a referral from someone.  ... Read More

You need to contact a lawyer and get some information regarding your next steps. This is too complex and issue to cover over a website especially since much more information is needed to begin to assess your situation. As for the power, you can pay on your landlord's account and deduct it from your rent. A lawyer can help you get an account with coned, also help procure the property from foreclosure, it would be well worth it.   Regards, Walter Jennings, Esq LAW OFFICE OF WALTER JENNINGS P.C. Experienced New York City Landlord Tenant Attorneys... Read More

This is a question of ethics, whether or not the preparation of a contract of sale constitutes practicing law in New York. I would suggest that you contact the New York State Bar Association's Ethics Committee to determine if it is ethical and proper. Some contract work you do not need to be an admitted NY attorney for it to be legal. You should get yourself as the buyer a New York attorney if you plan on closing, and it should be a NY contract, standard form, which are targeted for NY law.   Walter Jennings, Esq. Experienced New York landlord/tenant attorney.... Read More

No one could answer this.  You did not ID the type of case, the posture of the case, or the court you are in.  Lawyers do not work for free, and being out of money is not an issue.  Whether the case is not as strong as you think, and something more should have been gained for the money so far, cannot be determined from your short complaint.... Read More

There is nothing unusual about the 60 day provision you are describing.  People do it all the time.  A lease, if there is no rent control issues, can say anything the people agree.  Thus, you cannot unilaterally change the lease after four years, but if people agree you can do anything.... Read More

The condo is wrong.  You have a claim.  First, if you have insurance, file a claim with your insurance company.  If you do not, you need to make a claim against the condo for damages.  You can claim against the neighbor too.  In the end, you likely need a lawyer to go to court.  Once a case is filed you will be surprised how fast people respond.... Read More

You do not need a lawyer.  You did not say who your complaint was filed with, and where you live, the two most important facts.  You need to file it in landlord tenant court in Civil Court, if in New York City.  If you need help with this issue, call the Department of Housing and Preservation.... Read More

Certainly if two people own real property together, one can sell with the other's permission -- although both of you will have to sign the deed if both of you are indeed co-owners. I think you may have intended to ask what happens when one co-owner wants to sell and the other does not?  In that case, most state laws have a procedure that allows either co-owner to file a petition with the local court asking that the property be sold by public auction and that the net proceeds be then divided between or among the co-owners. If you are willing to take that step, make an appointment to see a good real estate attorney to find out how the process works in your state.... Read More

This is Exhibit "A" as to why one should not enter into legal relationships with another person in the absence of a permanent personal relationship.  There are no easy answers. If you and your ex "bought a house" together, the more important question is who owns the house.  If it is in both names, he/she is a co-owner.  The more you pay on the mortgage debt, the more equity you are building up in his/her name.  Since the two of you signed a note (an "IOU") to the lender, the only way to get your ex off the mortgage is to get the lender to agree to do so.  The lender has the call and may not agree to do that.  If your ex owes you money on a credit card debt that you paid off, the only way to collect is is for him/her to voluntarily pay you back -- or for you to sue him/her in court.  You will have to prove that the debt was his/hers and that you paid it off. If you have a "loan together", that probably means the two of you signed a note agreeing to pay the lender back.  In other words, if your ex does not pay the debt back, the lender has a legal right to look to you for full payment.  Your credit is at risk.  You have exposed yourself to some bad things here.  You should confer with a lawyer for help in minimizing the damage.... Read More

A rent to own deal for a house is usually a scam.  Either sell, or rent.  Renting gives you an income, but you still need to pay for the costs of ownership.  Those payments can be tax deductible.  Selling gets cash to do other things.  The tax issues are more critical than the legal issues.  Meet with an accountant.... Read More