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New York Real Estate Legal Questions

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381 legal questions have been posted about real estate by real users in New York. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include easements, commercial leasing, and commercial real estate. All topics and other states can be accessed in the dropdowns below.
New York Real Estate Questions & Legal Answers - Page 4
Do you have any New York Real Estate questions page 4 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 381 previously answered New York Real Estate questions.
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Recent Legal Answers

I paid $11,500 to save a relative house in Puerto Rico from foreclosure, but he never paid me back.

Answered 7 years and 11 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
If the relative is in PR you have to sue there.
If the relative is in PR you have to sue there.

I am on the title of the home with my ex who is on the mortgage on his own. Can I stop the foreclosure on the home?

Answered 7 years and 11 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
You can bid at the auction.  The only way to stop it at the point of sale is a bankruptcy.
You can bid at the auction.  The only way to stop it at the point of sale is a bankruptcy.

The mortgage on my house is solely in my name, my wife and mother in law are still on the deed.

Answered 8 years ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
The deed shows who owns it.  How title passed after your mother in law's death is determined by the way the deed is drafted.  The mortgage is the debt.  You cannot get "rent" for 20 years if there was no lease.
The deed shows who owns it.  How title passed after your mother in law's death is determined by the way the deed is drafted.  The mortgage... Read More

What are my rights since I held the mortgage for my deceased stepson and his dad is a tenant?

Answered 8 years ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
You can evict the tenant, but it requires a court proceeding.
You can evict the tenant, but it requires a court proceeding.

Trying to find a lawyer to transact the transferring of the title to property on Great Exuma to a Bahamian. I live in NYC. How?

Answered 8 years ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
You need a lawyer in the Bahamas, but there may be some that have an NYC office too. 
You need a lawyer in the Bahamas, but there may be some that have an NYC office too. 

Don't know what my rights are

Answered 8 years ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
HOA restrictions are on title.  You should have known.  You have no remedy now.
HOA restrictions are on title.  You should have known.  You have no remedy now.

as a seller can i cancel the sale if i am not able get the liens removed before closing will there be a penalty

Answered 8 years and a month ago by attorney Sharon M. Siegel   |   2 Answers   |  Legal Topics: Real Estate
Assuming you are using the form contract, removal of liens is required at closing, but one to three months is a normal time to do it.  You cannot get out the contract for this issue at this time.
Assuming you are using the form contract, removal of liens is required at closing, but one to three months is a normal time to do it.  You... Read More

I am purchasing a property in Syracuse NY but live in Yonkers NY. Do I have to get a lawyer in Syracuse to help me with closing? is lawyer required?

Answered 8 years and a month ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
It is advisable to have a lawyer in Syracuse.
It is advisable to have a lawyer in Syracuse.

My tenant moved in, December 2017. with a 1yr lease.the real problem: the smell of Urine & body oder outside the apt.can I evict him because of this?

Answered 8 years and a month ago by attorney Sharon M. Siegel   |   2 Answers   |  Legal Topics: Real Estate
To evict you need to terminate the lease first.  There is a very specific procedure here.
To evict you need to terminate the lease first.  There is a very specific procedure here.

I would like to buy a home from the owner in New York State. Do I need a lawyer?

Answered 8 years and a month ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
Title insurance is not required.  You are insane to not have it however.
Title insurance is not required.  You are insane to not have it however.

Hello. My name is Bill. I am seeking someone skilled at Representing a Buyer in a Residential FSBO transaction.Bill H.

Answered 8 years and a month ago by Thomas Sheldon Fleishell (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
Where is the property you want to sell located?
Where is the property you want to sell located?

my father is decesed and he did not have a will how do i transfer the property from his name to mine i have siblings and they are willing to sign off

Answered 8 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
If all siblings will sign a deed, you can transfer it just by doing a deed.  Should be a few hundred dollars.  You do not need a whole estate.
If all siblings will sign a deed, you can transfer it just by doing a deed.  Should be a few hundred dollars.  You do not need a whole... Read More

My ex(never married) have a house together but I was forced to leave due to him acting irrational. Can he claim I abandoned the house if I’m not there

Answered 8 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
The deed governs.  There is no abandonment issue.  If you cannot agree on a settlement you can bring what is called a partition action.
The deed governs.  There is no abandonment issue.  If you cannot agree on a settlement you can bring what is called a partition action.

homeowner with tenent in basement who is breaking rules in lease

Answered 8 years and 2 months ago by attorney Alan J. Goldberg   |   1 Answer   |  Legal Topics: Real Estate
If your tenant is breaching his lease, you can take action to terminate the lease immediately and then start a Holdover eviction action in Housing Court. Alternatively you can wait until the lease expires and then start the Holdover action.
If your tenant is breaching his lease, you can take action to terminate the lease immediately and then start a Holdover eviction action in Housing... Read More

Do I need a lawyer help with a home equity loan

Answered 8 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
You do not need a lawyer.  Talk to several lenders to see what is right for you.  Start wherever you have a bank account as they have your income history to determine how big a loan you can get.
You do not need a lawyer.  Talk to several lenders to see what is right for you.  Start wherever you have a bank account as they have your... Read More

do I have right to house as 50% deeded owner

Answered 8 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
If you are on the deed, you have rights.  The rest of your post is incoherent.  Bring the papers to a lawyer.
If you are on the deed, you have rights.  The rest of your post is incoherent.  Bring the papers to a lawyer.

Does one have to probate a will if all assets are join and move outside the will?

Answered 8 years and 3 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
No.  But you must have a reason for asking, so maybe in your case the answer is yes.
No.  But you must have a reason for asking, so maybe in your case the answer is yes.

I am purchasing a condo in Bronxville, NY. The Condo Board is requesting my Bank Account numbers and 2 years of W2s. Do I have to comply?

Answered 8 years and 3 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
If you want this apartment, you are going to have to comply.  It is not illegal.
If you want this apartment, you are going to have to comply.  It is not illegal.

Zero lot line encroachment

Answered 8 years and 4 months ago by attorney Sharon M. Siegel   |   2 Answers   |  Legal Topics: Real Estate
You can sue to get an order confirming the right of way, but it will cost more than it is worth.  Shared driveways are always an issue.
You can sue to get an order confirming the right of way, but it will cost more than it is worth.  Shared driveways are always an issue.

I hired a contractor to build a 2 car garage, he never started the job and won't return my money to me...what can i do?

Answered 8 years and 4 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
You need to sue for return of the money.  You can also file a grievance against his license.
You need to sue for return of the money.  You can also file a grievance against his license.

How do i most efficiently transfer title of a property?

Answered 8 years and 4 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
Unless she signs a deed, which is the only document we are talking about, you are screwed.  You can bring a court case to require her to sign the deed, if you have an agreement to do so.  So, you have a remedy.  It is just not easy.
Unless she signs a deed, which is the only document we are talking about, you are screwed.  You can bring a court case to require her to sign... Read More

I own a house with my ex,never married. I want the house and he’s not agreeing to let me buy him out. I just put in an ingroundpool that i paid for

Answered 8 years and 4 months ago by attorney Sharon M. Siegel   |   2 Answers   |  Legal Topics: Real Estate
You need to commence a partition action.  It is your only remedy.  While the court cannot order a buyout, it is a common settlement option.
You need to commence a partition action.  It is your only remedy.  While the court cannot order a buyout, it is a common settlement option.

changing the deed

Answered 8 years and 4 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
Have a deed drafted.  Very simple.
Have a deed drafted.  Very simple.

my sister has been living in the house my parents bought for about 20yrs since thier death. Is there away to make her sell the and split the proceeds

Answered 8 years and 5 months ago by attorney Sharon M. Siegel   |   2 Answers   |  Legal Topics: Real Estate
If the title is still in the name of your parents, was there a will? If not, someone needs to become administrator to sell the house by an estate.
If the title is still in the name of your parents, was there a will? If not, someone needs to become administrator to sell the house by an estate.

renters w/o landlord on site

Answered 8 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Real Estate
Call the police for the drugs.  Your town code enforcement for the illegal rental.
Call the police for the drugs.  Your town code enforcement for the illegal rental.
Real Estate
New York

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