Skip to main content
No photo

Jennifer Saffer’s Answers

20 total


  • I am 64 would like to put my home in daughters names (3), 1 daughter is already on, mort is 309,000 can I?

    mortgage is 30 yr fixed at 4.25%

    Jennifer’s Answer

    I agree with the others above- perhaps setting some sort of record for lawyers with no common interest agreeing(;
    In any event, I'm constrained to note one more issue that should be looked at: would the transfer constitute an impermissible "preferential transfer" and/or "fraudulent transfer" under applicable Federal and state law (see, e.g., 11 USC 544, 457, 548, 550; 10 NY DCD 270-281).

    See question 
  • I need to record a deed for a 2-family in Bronx, NY.

    From my research, I see that it requires more forms that just a deed: NYC RPT, NYS-584, RP 5217, HPD Affidavit, OHP form 515. I also need to check if the property is listed as 2 or 3 family house.

    Jennifer’s Answer

    I don't do this sort of work, and so can't advise you. While, as always, I suggest you retain a lawyer experienced in the relevant area if law, you seem to have determined to proceed on your own. While I don't feel qualified to give advice off the top if my head on this one, you seem to have been diligent and if I were to guess on the right track. It sounds like you're really asking where to obtain forms of what you need to file and how/where to file it, etc.?
    If so, you may find the following resources helpful:
    • Fastcase has a free IOS app which for most legal research seems great. Can't print or easily email, however.

    •Smart Rules ( smartrules.com) is a pay service, but I think they have a free trial or a rather low cost day/month pass. Coverage of 50 states' procedure, rules and practice only, no substantive law.

    •New York Unified Court System (NYCourts.gov).

    •If you do decide to consult with a transactional real estate lawyer, in addition to asking contacts for recommendations, you may want to check New York County Lawyers Association and Association of the Bar of the City of New York Referral Networks. Through that service, for a nominal fee ( I think less than $50) a meeting can be arranged between you and a well vetted lawyer in the area you are looking for. The lawyer, within reason given time constraints, etc., should answer general questions you have. If you and the lawyer decide to work together going forward, you and he/she agree to the terms of the representation going forward.

    ***PLEASE NOTE, THAT I REALLY THINK THE BEST COURSE-EVEN FOR A SOPHISTICATED -PERSON IS TO WORK WITH A QUALIFIED PROFESSIONAL From a risk/ reward prospective, have a lawyer or service that does these filings all the time handle it. Don't be "penny wise & pound foolish": I don't do this sort of work, but am comfortable saying you shouldn't be spending six figures, five figures, or even mid-four figures if you use a lawyer, and less if you use a service or a paralegal.
    PS: And please consider title insurance (;

    Best of Luck,
    Jennifer L. Saffer
    J.L. Saffer, P.C.

    See question 
  • Can I win an appeal to unsuspend my unemployment benifits if my doctor testifies that I was healthy enough to work?

    My unemployment benefits were suspended by 4 days a week for the next 2 years due to willful misrepresentation. I certified for my benefits indicating that I was able to work every day for that week despite being under treatment for back spasms fo...

    Jennifer’s Answer

    Rather dicey; and can't really be answered without far more detailed information including medical records, etc. non of which I recommend you post on this site or any other or transmit by any means before talking to an attorney. Please feel free to call me if you'd like. I urge you to consult with an attorney in person or by phone and not to post any further information. Though further information is required, it could very well be to your detriment to do so in a non-privileged context.

    I will be out of the office at least until Monday and will have limited access to phone and Internet. If you'd like and the matter is time sensitive ( you have a deadline approaching), please so respond and I'll try to contact you if and as soon as I'm able.

    Be it me or someone else, please talk with a lawyer directly.

    See question 
  • Can I ask that a statement not be considered or allow time to review or respond to it?

    I have not seen the statement /affidavit that the respondent says someone wrote. I would probably want to question the witness, how do I ask the judge not to allow or to have the witness show up in court? Do I have to be notified of a witness? Ar...

    Jennifer’s Answer

    Are you in state or federal court?

    See question 
  • Transfer of funds

    Hi. I want to transfer a brokerage and mutual fund acct. to my mother so she is the account owner. I want to do this to meet the savings/asset limit for a certain program. There are other requirements for the program besides the savings/asset lim...

    Jennifer’s Answer

    The specific facts relating to what and why (among other things) you're making the transfers are vital to your question. It may be fine and it may be illegal--in certain circumstances could be construed as a federal crime, e.g., if a transfer is made without consideration to qualify for a federal program. Depending on the circumstances a transfer of the kind you imply could constitute a fraudulent transfer/conveyance under state law, which is basically the same in most states and doesn't necessarily require actual fraudulent intent.
    Feel free to call me to discuss further. And regardless I urge you to consult with an experienced attorney with whom you can discuss the specific facts and circumstances of your case.

    All the best,
    Jen Saffer
    J.L. Saffer, P.C.

    See question 
  • What happens to the defendant's counterclaim when a judgment is appealed by the defendant?

    We sued our ex-landlord and he counter sued us. We each won an amount in the original small claims case. The landlord then appealed. We went back to court and we still won. On our judgment it specifically says how much he owes and also says th...

    Jennifer’s Answer

    Please contact a qualified lawyer in your jurisdiction. The local bar association and/or court system likely has a referral hotline that can recommend a lawyer for your situation; sometimes lawyers on that list will or are required to provide a brief consultation free of charge. Also, if you haven't please check if the landlord tenant court has a "pro bono" program where lawyers volunteer their time to help with issues like this. Finally you may be able to get this worked out by calling the court clerks office as it may be an administrative error. But again, I urge you to consult with a local lawyer experienced in matters like this. PS- the bank more likely than not may have reported the levy to the credit rating agencies; so you may want to pull your credit reports and if the levy is showing advise them that the information is incorrect, you dispute it, and explain why. You'll likely have an easier time doing that if the levy has been removed.

    Best of luck,
    Jennifer L. Saffer
    J.L. Saffer, P.C.
    New York, NY

    See question 
  • Time for appeals

    I recived a notice of appeal and motion to stay pending appeal from the losing party in a family court case. How long do i have to respond? Are these stays usually sucessful in the appeals court?

    Jennifer’s Answer

    Please note that I'm not admitted to practice in Florida. That said, I was intrigued by your question and took a VERY QUICK PRELIMINARY look at the issue; and based on that, I agree with Mr. Pollard and with Mr. Proctor. It's always better to file early than late.
    Also, because it seems you're proceeding without a lawyer, please consider calling the clerks office at the court or the pro se office if they have one. They likely can't and won't give you legal advice, but are often very helpful with respect to questions about deadlines and the like. And they're the people who keep track of them after all, so I wouldn't think a quick call to confirm the deadline would hurt and may give you some added certainty.
    I defer to the FL. state court practitioners, but in Federal Court and many states all motions (except certain emergency/ ex parte motions) must be accompanied by a "notice of motion," which among other things, sets forth the return date, i.e., the date by which you must respond under applicable law. Was a notice of motion served and filed? In don't know the answer under Florida state law, but if a notice of motion was required to be served and filed but the appellant didn't properly do so, in some jurisdictions that could effectively void the motion for a stay pending appeal, but please check with an experienced FL state appellate lawyer.

    As to the likelihood of the appellant obtaining the stay pending appeal, it very much depends on the facts. For what it's worth, Federal Courts and state courts with which I'm more familiar tend to put a lot of weight on the Appellant's likelihood of success on the appeal.

    Best of luck,
    Jennifer L. Saffer
    J.L. Saffer, P.C.
    New York, NY

    See question 
  • What type(area of specialty) of attorney would handle a lawsuit regarding private party commercial vehicle sale?

    Buyer purchased 2 commercial trucks from seller. When transferring titles buyer was notified that there were additional fees due to registration being delinquent by a few years. Buyer then returned to seller stating his desire for a refund since t...

    Jennifer’s Answer

    A good commercial litigator should be able to advise you. If you'd like, let me know where in CA your located, and I can likely make some recommendations.

    Best of luck,
    Jennifer L. Saffer

    See question 
  • Timeframe to file opposition for summary judgment in FED CRT. They mailed it on 3/13, I rec'd it 3/18, hearing date 4/17.

    I see 14 days 'from service', but also see a prev avvo response that counts back 14 days from hearing date. Is there NO time allowed for mailing? What is my actual filing my Opposition ? Is it 3/27 or 4/3 ?

    Jennifer’s Answer

    I would take a look at Rule 6 of the Federal Rules of Civil Procedure, but also note that there may be local rules that are also applicable to your situation. Then you may want to call the county's pro se help line if they have one, or else the court clerks' office, and confirm with them that your calculation is correct. Best of luck with your matter.

    See question 
  • Can I sue my ex husband for attorney fees if I obtain an attorney for my 17 year old son. My ex spouse has 50% custody

    My son was arrested for theft 8 moths ago. he got a diversion but was told he could not have any violations. in the meantime he has smoked pot and now is selling marajuana edibles. his father is not supportive of me turning him in but its the r...

    Jennifer’s Answer

    Please note this is strictly a question of sate law, and I'm not admitted to practice law in your sate. That said, it seems to me that in the absence of a statute, the answer to your question will likely depend on what any order of support provides for. If there is not an order in the divorce dealing with the issue, a lawyer may be able to still obtain an order for reimbursement from your husband, but again, it's a question of sate law. I'd urge you to consult with a qualified family law practitioner for legal advice. Many local bar associations and courts on maintain lists of lawyers in different practice areas with whom you may be able to have a brief consultation at little or no cost, and an increasing number have "pro bono" clinics or services especially in areas like family law for those who qualify. Best of luck with this and your son's matter.PS-If you haven't already, and feel comfortable doing so, you may want to ask your son's lawyer. He may have come across the situation. And even if he doesn't know the answer himself he may have a partner or colleague who does.

    See question