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Nicholas M. Moccia

Nicholas Moccia’s Answers

82 total


  • I am in the discovery stage of the foreclosure. We have presented the bank with a production of docs.

    Thirty days have passed, yet no response from the bank's attorney. My people have put in place a motion to compel with sanctions. My question how come the bank has not responded? They are the moving party claiming to own the note in questio...

    Nicholas’s Answer

    In my experience, banks are very cautious with regard to discovery, especially when you are asking for documentary evidence demonstrating that they own the note and have standing to foreclosure. It is not unusual for the banks to blow the deadlines by many months. They may call and ask for an extension--or they may call and say they want to discontinue the case. On numerous occasions, I have had banks cancel the foreclosure suit, rather than risk revealing the skeletons they have in the closet through discovery. Now is a good time to negotiate your exist strategy with the bank, whether it be a loan modification or short sale.

    Also, "your people" may have jumped the gun in making their motion to compel. Each judge has their own rules regarding discovery, and it is very common for judges to discourage motions to compel without prior permission from the court. Your people would do well to be mindful of the judge's rules for discovery.

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  • If my landlord goes into forclosure and the property is auctioned do i have to reapply to live in my apartment?

    do i need to submit pay stubs ss ID and documents all over again and wait to be approved or not approved to live in my home

    Nicholas’s Answer

    I respectfully disagree with my colleagues--there is no quick yes/no to this question.

    Unless the lease is a statutory lease (rent regulated) or the lease was recorded before the mortgage (highly unlikely in the residential context), the lease does NOT survive the foreclosure. If, however, you were not named as a party in the foreclosure, then the lease should not be wiped out by the foreclosure. You also need to look at the judgment of foreclosure since sometimes a judgment of foreclosure is given "subject to all tenancies".

    Finally, even if the lease is supposed to survive the foreclosure, the lender or subsequent purchaser may nevertheless try to bring a holdover and evict you. I have had LL/T clients in a foreclosed property where the judgment of foreclosure and notice of sale said the purchaser at auction was to take the property subject to all tenancies. The purchaser nevertheless tried to evict the tenants despite the express terms of the judgment and notice of sale. Bottom line, be careful and pay attention to what is going on with the foreclosure. Be aware of all dates and court filings.

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  • We are looking to hire an attorney that will represent us in rockland county, new York.

    We have to re nogotiate bank convents and a real estate loan renewal.

    Nicholas’s Answer

    Give me a buzz.

    (718) 701-5772

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  • How to remove someone's name from a lease?

    My sons father and I signed a lease about 2 months ago. We got into an altercation and he called the cops on me. I got charged with domestic violence. He got an order of protection and i can't go back to the apartment after that order of protectio...

    Nicholas’s Answer

    The easiest way is to work out with your landlord and sign a new lease excluding your son's father.

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  • Hamp Loan Modfication followup from one month please advise

    AFter completing trial period i was told title company had issues and when i received notice from Wells Fargo they specifically were the Non Identity affidavit and also I needed to have a closed bancrupcy or a approval from Bancrupcy judge for loa...

    Nicholas’s Answer

    give me a buzz. 718-701-5772

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  • Pay rent to landlord. Property is going into foreclosure.

    My landlord's property is going into foreclosure. I received a letter that they are getting sued for not paying their mortgage. They have already filed for bankruptcy and surrendered the property. They said the property is still theirs until it fo...

    Nicholas’s Answer

    I cannot speak to the specifics of Wisconsin law; however, the answer is likely the same from state to state. Confirm with local counsel.

    If the landlord still holds title to the premises, then he is entitled to collect rent from you. If the court appointed a receiver, and ordered you to pay rent to the receiver, you must pay the receiver and not your landlord. Practically speaking, you can probably get away with not paying rent since your landlord probably can't afford to evict you, and has no incentive to do so since he will be losing the property soon. The bank or the new owner at auction will not start the eviction until after the transfer of title. You're days are number, and you may do well to save your money to find a new place, rather than paying rent. If you were in NY, that's what I would advise, but WI may very likely have a different set of procedural rules.

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  • Are New York City landlords responsible for putting in overflow drains in tenants' bathrooms?

    My upstairs neighbor claims he is not responsible for the damage to my property caused by his overflowing bathtub because the landlord has not installed an overflow drain. I believe he is responsible for not attending to his running tub.

    Nicholas’s Answer

    The landlord is responsible in the first instance, and he has insurance for damages of this sort. So I would go after him. If your damages are $5k or less, bring him to small claims. If more than $5K, then you have to go to civil court.

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  • What is the best way for senior citizen to make a neighbor stop playing loud music in an apartment building in NY?

    My parents live in a Section 8 subsidized apartment in Brooklyn, NY. Their new neighbor is playing very loud banging music every weekend from about 10 a.m. to 10 p.m. We tried to talk to the neighbor, then to the super of the building, called 311...

    Nicholas’s Answer

    You can compel the owner of the building under RPAPL 711 to bring the noisy neighbor to housing court. If the owner of the building refuses, you yourself can bring the noisy neighbor instead on the grounds of nuisance. Give me a buzz for details. 718-701-5772

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  • Can some of my daughters asset be used as she wishes to assist her family? who makes that decision?

    my daughter has been declared as a incapacitated person since she was nine years old,she is now 35...she was rewarded a large settlement however she has not benefit from her money re; education medical treatments,etc.the money is being invested in...

    Nicholas’s Answer

    Yes you can. You have to guardianship matter by order to show case. This is an Article 81 guardianship, I assume...

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  • Suing a yearbook company for emabrrasing photos or suing old schools?

    How long after incident are you allowed to sue for emotional distress as well as other things involved with pain and suffering..etc. 2 of my year books -one from junior high and the other from high school- cotain a fw extremely offensive, hear...

    Nicholas’s Answer

    You don't have a case. Even if you did, the statute of limitation has long passed.

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