Nicholas M. Moccia’s Answers

Nicholas M. Moccia

Staten Island Foreclosure Attorney.

Contributor Level 9
  1. Wife's name on deed not loan can she fill chapter 13 to stop foreclosure?

    Answered over 2 years ago.

    1. Derek R. Caldwell
    2. Alan D. Walton
    3. Gary Alan Armstrong
    4. Nicholas M. Moccia
    4 lawyer answers

    What exactly are you looking to stop? the foreclosure sale? or the foreclosure litigation as a whole? was a judgment entered? There are other ways of delaying or stopping a foreclosure without having to file for bankruptcy. You should explore those options with a competent foreclosure attorney.

    6 lawyers agreed with this answer

  2. Damage deposit returned, then landlord asked for part of the returned money back.

    Answered over 2 years ago.

    1. Nicholas M. Moccia
    2. Shawn B Alexander
    2 lawyer answers

    Tell them to bring you to small claims court. They have to do the proving, not you. I would not return any amount of money.

    4 lawyers agreed with this answer

  3. How to legally withdraw money from single member LLC?

    Answered over 2 years ago.

    1. E. Martin Davidoff
    2. Dana Whitney Atchley
    3. Nicholas M. Moccia
    3 lawyer answers

    This is a question for an accountant, not an attorney. As I understand, an LLC is a "flow through entity" as far as tax liability is concerned. That means the LLC's tax liability transfers to the member's personal liability. You "take a salary" by, for example, 1. transferring money from LLC's operating account, to your personal checking account or your wallet; 2. paying personal expenses out of your LLC's operating account.

    2 lawyers agreed with this answer

  4. I am in the process of losing my house and I received a summons on it the other day do I need a lawyer?? I don't want the house

    Answered over 2 years ago.

    1. Krishnan S. Chittur
    2. Ronald Joseph Kim
    3. Nicholas M. Moccia
    4. Lawrence M Garfinkel
    4 lawyer answers

    I agree with what everyone here is say. I would only add that if you were served with a summons and complaint for a foreclosure, your credit has likely already been severely damaged.

    2 lawyers agreed with this answer

  5. What type of Lawyer would I need, to help with BOA delaying my loan modification now home is in foreclosure with auction date

    Answered over 2 years ago.

    1. Gary Alan Armstrong
    2. Nicholas M. Moccia
    2 lawyer answers

    A Texas attorney who specializes in foreclosure defense or bankruptcy--ideally both.

    Selected as best answer

  6. Tax Lien Question NY

    Answered over 2 years ago.

    1. Nicholas M. Moccia
    2. Ronald Joseph Kim
    3. Dana Whitney Atchley
    3 lawyer answers

    Your claim will likely have been extinguished as against the building. Your claim now is against whatever surplus there may have been from the purchase at the tax sale. Yes, you do have to file a notice of claim in order to get a cut of the surplus, assuming there is any. Contact the attorney's who brought the tax lien foreclosure.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  7. I'm a graduating senior looking for an apartment in NYC and the landlord wants 1yr rent upfront. Is this legal and/or normal?

    Answered over 2 years ago.

    1. Nicholas M. Moccia
    2. Steven Warren Smollens
    3. Yefim Rubinov
    3 lawyer answers

    This is unusual unless you happen to be moving into a very fancy apartment. It is legal for the landlord to do this unless it is a rent regulated apartment. He can charge whatever he wants, and you can say no. If the landlord's terms are unacceptable to you, then you are free to rent from someone else. That's the free market for you.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  8. If I tell someone I have "no intention to sue" in a letter, am I bound by it?

    Answered over 2 years ago.

    1. Nicholas M. Moccia
    2. Eric Edward Rothstein
    3. Jeffrey Ira Schwimmer
    3 lawyer answers

    You are not bound by it. See the difference between these two statements: 1. Today I do not intend to sue you (but my intention my change tomorrow). 2. Today I promise forevermore never to sue you. What you said is more like #1, and you probably wouldn't be bound by #2 either unless it was embodied in a formal agreement and you received some sort of consideration in exchange for the promise.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  9. New York State Exempt Income Protection Act. .

    Answered over 2 years ago.

    1. Nicholas M. Moccia
    2. Michael Hal Schwartz
    2 lawyer answers

    Yes, these monies are exempt, and the credit card company cannot enforce a judgment against those funds. They may try to freeze these bank accounts with restraining notice if they win a judgment, but it should be a fairly easy matter to get the accounts unfrozen if you can demonstrate that the source of these monies is exempt. If you need help with your credit card case, give me a buzz. I'm in Staten Island. Below is a link to my site, and a second link with the full exemption list.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  10. What is a consent Judgement of foreclosure with no deficiencies?

    Answered over 2 years ago.

    1. Nicholas M. Moccia
    2. Krishnan S. Chittur
    3. Mara Ann Baltabols
    3 lawyer answers

    I agree with Krishnan that depends on your priorities--if you want to keep the home, then taking the loan modification (assuming the monthly payment works for you) is probably the route you should take. The balloon payment arrangement is to structure the loan mod so that the monthly payments are lower. The balloon contains the accrued interest that you weren't paying during the pendency of the foreclosure and whatever other disbursement the banks made during the pendency of the foreclosure (i....

    1 lawyer agreed with this answer

    1 person marked this answer as helpful