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Roman Tabatchouk

Roman Tabatchouk’s Answers

117 total


  • I need to close a corporation and a LLC in NY state.

    Is this something i can do myself? I was told there is a service that can assist me at a nominal fee to save me the hassle.

    Roman’s Answer

    Yes, you can attempt to do it yourself. I have recently represented someone that tried doing it himself but forgot a few requirements and now owes back taxes. You can file dissolution papers or hire a competent and experienced local attorney that can do it for you for a nominal fee.

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  • Contractor not showing to to inspect defective work.

    I had a paving contractor guarantee their work for 3 years and the driveway is defective now after about 9 months. They refuse to come a look at it, now I should have done more research instead of choosing the lowest bid. I paid with a cc and the ...

    Roman’s Answer

    Yes you can. You should seek out an attorney to meet with and discuss this matter.

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  • Can i legally stop my neighbor to discharge sumpump water into my yard?

    My neighbor is discharging his sumpump water into the yard of my house. he is dumping far enough from my house. I will say almost 25-30feet. he is not affecting my foundation or structure of the house. just water is being collecting on my yard. Th...

    Roman’s Answer

    Yes you may. That is considered trespass. I would recommend you seek out an attorney and review your options with him or her.

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  • Can a bank officially approve a short sale, then rescind their approval? This is in NJ. I spent a lot of time and some money!

    My company made a cash offer to buy a short sale which needed rehab. The bank was B of A. They approved it, even gave a "close by" date. They sent the seller an "official" approval letter, so I began to order title, etc. 5 days la...

    Roman’s Answer

    There are two things to investigate:

    1. Ensure they were actually official approval letters with closing and wiring instructions; and
    2. Ensure they were not subject to any conditions.

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  • Tenant died in my duplex. Do I have to send a letter to get personal belongings out? Do I have to give security deposit back?

    Only has an ex-wife, 2 children that do not live with him. There is no will. When can I have new tenants check apartment out? Can I use security for cleaning out? First year had an annual lease. After that month to month.

    Roman’s Answer

    Generally you would need to contact an attorney representing the estate. If no attorney has been hired by the children, then you can move the items in the apartment into storage. You can request that the children pay for the storage but in many cases you may have to pay for the storage and you can make those payments out of the security deposit. If anything is left in the security deposit that is "returnable," you will have to return it to the estate of the deceased once the administration of that estate is filed by the estate attorney. A letter notifying the attorney and/or children (if no attorney) will have to be sent to ensure you give them notice to act and remove those items and/or put them into storage.

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  • Can I record a mortgage on my sister's loan without her signature or presence?

    I loaned my sister $95,000 to purchase a house and we have a promissory note stating the house she purchased with the money is collateral for the loan. Since she's behind on payment can I record the mortgage without her presence (she doesn't resp...

    Roman’s Answer

    I would consult an attorney immediately. The mortgage should have been filed the day you gave her the funds to protect your interest. If the mortgage is not filed, then you do not have a lien against the property and cannot preserve your rights in the property or foreclose on the property. The only recourse you have is to sue her personally for that amount.

    To answer your question, unless you have a power of attorney to do so, you may not record a mortgage without her signing it.

    Contact an attorney ASAP

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  • Can I use Legal Zoom in NJ to do a Will, if not, I need an attorney in NJ to do a will for me.

    I have a will from a previous marriage that leaves everything to my Ex. Needless to say, I don't want that will to stand. It was drawn up in PA when I lived there about 30 years ago.

    Roman’s Answer

    You need to sit down with an attorney and discuss your estate to see what other estate planning options may suit you. Legal Zoom is not a good source of legal support. The general rule of thumb with the legal field is that you get what you pay for so be mindful of cheap rates and online services. Especially with estates where a substantial amount of money is involved along with the interests of your family.

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  • I wish to transfer title to my wife. Deed to house in bergen county presently in my name only. . What is the procedure?

    there is a mortgage in my name

    Roman’s Answer

    I agree with Maria. Most, if not all, mortgages contain a provision requiring you first get approval from the lender and if you do not get that approval, they may place you in default of the loan and accelerate the principal amount to be due immediately.

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  • We're transferring title from our individual names to an LLC for real estate holding purposes. Do I need a title search? (NJ)

    We are renting this property because we have been unable to sell it but we want to rent it as an LLC to minimize personal liability. Title was transferred from my mother to my brothers and I about 10 years ago. I have that deed. Do I still need...

    Roman’s Answer

    If the title insurance covers your brothers and you and you guys are the sole shareholders of the LLC then you do not, AND SHOULD NOT, get a title search. Title coverage shall continue so long as you are the sole members of the LLC. The only thing a title report will show is any liens that have cropped up but, those liens will have to be satisfied when selling the building and the new buyer does the title search at that point so no reason for you to spend that money.

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  • Can I sue on behalf of a deceased person for the estate? If an affair occured and was just found out?

    The person who holds ownership is the one who has had the affair. His 2 children's homes and livelihoods are at risk of being lost due to his affair while his wife was dying of cancer.

    Roman’s Answer

    I agree with the answers herein on the assumption that the executor wants to take action. If an executor does not want to take action, a beneficiary may have remedies to force the executor to do so.

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