New York Residential Real Estate Legal Questions

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162 legal [2, *]questions have been posted about residential 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 real estate, easements, and commercial leasing. All topics and other states can be accessed in the dropdowns below.
New York Residential Real Estate Questions & Legal Answers - Page 6
Do you have any New York Residential Real Estate questions page 6 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 162 previously answered New York Residential Real Estate questions.

Recent Legal Answers

i own 2 house i stop paying for 1.

Answered 13 years and 4 months ago by Mr. Richard Francis Sweeney (Unclaimed Profile)   |   1 Answer
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Typically, at closing you sign both a mortgage and note. The note makes you personally responsible to pay back the loan. The mortgage allows the bank to foreclose and take the home if there is a default. In other words, the bank can probably come after you personally for the loan balance. Put it up for sale!  ... Read Answer
Typically, at closing you sign both a mortgage and note. The note makes you personally responsible to pay back the loan. The mortgage allows the bank... Read Answer
False.  If it is not yours you need to give it back.  There is no finders keepers, losers weepers.
False.  If it is not yours you need to give it back.  There is no finders keepers, losers weepers.
You need to have estate planning for your father.  If you structure it right, you will not pay tax and neither will your dad.  It also depends on the value of the house.  Essentially, your father gave you a gift, and you did not file a gift tax return.  That is OK, but you need to do other paperwork to support this transfer in a tax free way.... Read Answer
You need to have estate planning for your father.  If you structure it right, you will not pay tax and neither will your dad.  It also... Read Answer

Can I sell a home that was put on a modification recently

Answered 13 years and 4 months ago by attorney Sharon M. Siegel   |   1 Answer
Yes, however it might be a short sale, depending on the price.  Put the home on the market, and see what the price will be.  A lawyer, like me, can work with you whether it is a traditional sale or short sale.
Yes, however it might be a short sale, depending on the price.  Put the home on the market, and see what the price will be.  A lawyer, like... Read Answer

private lending for real estate secured by mortgage

Answered 13 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer
The SEC only regulates publicly traded companies.   Private lending has nothing to do with this.  Private loans are not regulated.  However, if you are soliciting the market for investors that could raise issues.
The SEC only regulates publicly traded companies.   Private lending has nothing to do with this.  Private loans are not... Read Answer

Am I being cheated, and what can be done?

Answered 13 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer
You certainly might be cheated.  You can hire a lawyer and demand an estate accounting.  You can also demand a distribution of title, so the estate closes and you have ownership directly.
You certainly might be cheated.  You can hire a lawyer and demand an estate accounting.  You can also demand a distribution of title, so... Read Answer

How do I find out who owns my Condo?

Answered 13 years and 5 months ago by Mr. Richard Francis Sweeney (Unclaimed Profile)   |   1 Answer
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The name of the owner will be on the deed. If you don't have a copy of it, you can go to the County land office and ask for a copy.  
The name of the owner will be on the deed. If you don't have a copy of it, you can go to the County land office and ask for a copy.  

What to do if tenant does not pay rent

Answered 13 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer
There is a specific process you need to follow for a residential eviction.  You can communicate with her any way you want, but only the legal way will get you paid.  Talk to a landlord/tenant lawyer to do this.
There is a specific process you need to follow for a residential eviction.  You can communicate with her any way you want, but only the legal... Read Answer

My home was robbed and my insurance doesn't believe my claim, Should i hire a lawyer?

Answered 13 years and 5 months ago by Mr. Richard Francis Sweeney (Unclaimed Profile)   |   1 Answer
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You probably should have a lawyer. You can check Lawyers.com or your local county bar association. You may have to get a lawyer if they assert that you made a fraudulent claim. The lawyer might also be able to help you prove damages. 
You probably should have a lawyer. You can check Lawyers.com or your local county bar association. You may have to get a lawyer if they assert... Read Answer
No.  Your lawyer should have picked this up on a title report.
No.  Your lawyer should have picked this up on a title report.

Do I as the buyer have any rights if my broker was dishonest?

Answered 13 years and 6 months ago by Mr. Richard Francis Sweeney (Unclaimed Profile)   |   1 Answer
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Typically, the broker represents the seller, not the buyer. If you hired your own broker, which you can do, then you might have a cause of action against that broker. However, if you didn't pay that broker to find you a home, then he/she represents the seller and not you and there is nothing you can do. Even if you contacted a broker who showed you a few homes which had other brokers, neither broker represented you, both represented the seller.  ... Read Answer
Typically, the broker represents the seller, not the buyer. If you hired your own broker, which you can do, then you might have a cause of action... Read Answer

Can the landlord enter his building late at night and do repairs?

Answered 13 years and 6 months ago by Mr. Richard Francis Sweeney (Unclaimed Profile)   |   1 Answer
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In a typical lease, the landlord must give reasonable notice of entering your premises to make repairs and make repairs at reasonable times. Check your lease and talk to the landlord.  
In a typical lease, the landlord must give reasonable notice of entering your premises to make repairs and make repairs at reasonable times. Check... Read Answer

Is it possible to get rid of a severely damaged home.

Answered 13 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer
It is possible.  If the insurance check comes to you and the bank, you might consider seeing if the bank will take the check in satisfaction of the mortgage.  The land will have value, and you can sell that later.  You are making a good business analysis.
It is possible.  If the insurance check comes to you and the bank, you might consider seeing if the bank will take the check in satisfaction of... Read Answer
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Contact your homeowner's insurance carrier. Let them know the situation and they can advise you.
Contact your homeowner's insurance carrier. Let them know the situation and they can advise you.
Yes.  A POA allows you to act as agent for the principal, but the principal can always act on their own, which is what your mom is doing.  Only a guardianship prevents someone from acting on their own.
Yes.  A POA allows you to act as agent for the principal, but the principal can always act on their own, which is what your mom is doing. ... Read Answer

the factory next to me makes strong vibration and noise

Answered 13 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer
You can sue for loss of quiet enjoyment.  You are going to have to hire an engineer to measure decibels to show it is above what is allowed.  Thus, action on your own will cost you.  You cannot force the town to act on the violations.
You can sue for loss of quiet enjoyment.  You are going to have to hire an engineer to measure decibels to show it is above what is... Read Answer
The law is that property purchased by spouses is presumed to be by the entireties, which is like JTWROS, unless it says something else.  The clerk is not the one for this issue.  You say both parents are deceased.  Thus, you need an estate, whereby the property can pass to you.  Whether you need a formal estate proceeding will turn on a few issues, the main one of which is what your siblings say.... Read Answer
The law is that property purchased by spouses is presumed to be by the entireties, which is like JTWROS, unless it says something else.  The... Read Answer
A collection lawyer in your area
A collection lawyer in your area

Am I entitled to my good faith deposit?

Answered 13 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer
No.  But, you are going to have to sue to get it.  It is a simple case, and it sounds like you would win.
No.  But, you are going to have to sue to get it.  It is a simple case, and it sounds like you would win.
The issue is whether there is any equity once the mortgage is paid.  If none, while your sister might owe you for rent, you owe her for maintenance of the property, and a court in a case would find these offset, and you get little or nothing.  If there is equity, you can bring a partition case to force a sale so you get your share.  Often these cases settle by one person buying the other out.  I would consider a fee structure that is unique in these cases.... Read Answer
The issue is whether there is any equity once the mortgage is paid.  If none, while your sister might owe you for rent, you owe her for... Read Answer
A somewhat complicated one, due to your delay in doing anything.  You need to open an estate proceeding for your husband.  Using your status as his administrator, you need to open a proceeding for the grandfather.  You will need the original will.  If no one contests anything, you will be able to proceed somewhat cheaply.... Read Answer
A somewhat complicated one, due to your delay in doing anything.  You need to open an estate proceeding for your husband.  Using your... Read Answer
Yes.  There are contracts for this type of matter.  The builder should be willing to do it.  The AIA has forms that should be signed.
Yes.  There are contracts for this type of matter.  The builder should be willing to do it.  The AIA has forms that should be signed.
Depending on your lease, you can bring a noise complaint and force someone to get carpet.  The issue is you are not going to win money in such a dispute, so do you really want to pay a lawyer to bring a case for a place you only rent?
Depending on your lease, you can bring a noise complaint and force someone to get carpet.  The issue is you are not going to win money in such a... Read Answer
There is nothing you can do unless you received a property condition form at the closing, which is waived in 99% of all new york closings.
There is nothing you can do unless you received a property condition form at the closing, which is waived in 99% of all new york closings.
Call the town.  I am sure a sign on the lawn like this violates some town code, and you could bring pressure to get rid of it.
Call the town.  I am sure a sign on the lawn like this violates some town code, and you could bring pressure to get rid of it.