Vincent J. Gallo’s Answers

Vincent J. Gallo

Staten Island Real Estate Attorney.

Contributor Level 14
  1. Seller wants to back off from purchase contract

    Answered over 1 year ago.

    1. Frank Wei-Hong Chen
    2. Vincent J. Gallo
    3. Chi Leung Ip
    4. Paul Bradley Schroeder
    5. Bradford Charles Brereton
    6. ···
    6 lawyer answers

    In considering your options you must first consider a few important points, whihc include, but are not limited to the following: 1) are there contingencies in the Contract that you must meet that the seller may have the power to surreptitiously sabotage; 2) are there time constraints in the Contract, such as 45 days to get a mortgage commitment, whereby on day 46 the Seller is lying in wait, determined to cancel the Contract; 3) are you really inclined to sue the Seller whereby if you win, and...

    6 lawyers agreed with this answer

  2. Can I stay inside my house during construction?

    Answered over 1 year ago.

    1. Michael Ross Lykken
    2. Hillary Johns
    3. Vincent J. Gallo
    4. Chi Leung Ip
    4 lawyer answers

    I would strongly suggest you vacate for a number of reasons. It may violate the building code; if a new C/O is required, then you may be occupying a property which currently lacks a valid C/O which could render your insurance policy as being null and void and in some jurisdictions, occupying a property which lacks a valid C/O is both a civil and a ciminal offense. Also from a common sense perspective, you could be ingesting toxic fumes, dust and materials and finally, plain and simple: you...

    6 lawyers agreed with this answer

  3. My hse is under my name only. I'm the one paying the mortgage. Is my husband 1/2 of the owner & it'd transfer to him after I die

    Answered over 1 year ago.

    1. Judy A. Goldstein
    2. Vincent J. Gallo
    3. Wes Cowell
    4. Jeffrey Morris Jacobson
    5. Anthony Philip Andreano
    5 lawyer answers

    From a strict real estate perspective, he is not an owner; from a matrimonial perspective however, he may very well have "rights".

    6 lawyers agreed with this answer

  4. Can I refinance a home that is in my deceased fathers name, I am on the deed ?

    Answered over 1 year ago.

    1. Tanner Woods Pittman
    2. Vincent J. Gallo
    3. Keith G Langer
    4. Darrell Brinnett Reynolds Sr.
    5. Glen Edward Ashman
    5 lawyer answers

    It all depends upon how you are identified in title to the house on the Deed. if you are identified as a "joint tenant" you should be "entitled" to refinance. Will you have to "qualify"? Most certainly. Banks no longer give away money as in a few years past.

    6 lawyers agreed with this answer

  5. I am trying to refinance my mortgage and come to find out a 2nd mortgage that we had which was paid off in 2001 wasn't discharge

    Answered over 1 year ago.

    1. Vincent J. Gallo
    2. Michael C. Wild
    3. Jeffrey Bruce Gold
    4. Yefim Rubinov
    4 lawyer answers

    Section 275 of the Real Property Law requires that a Mortgagee discharge a mortgage of record within a certain time period, under the cloud of being monetarily penalized. Following is a link to the statute. It is an easy read: http://www.weblaws.org/new_york/laws/n.y._real_property_law_sec._275

    Selected as best answer

  6. Violation and escrow

    Answered 4 months ago.

    1. Vincent J. Gallo
    2. Eric Edward Rothstein
    3. Joseph Isaac Terkell
    3 lawyer answers

    There is no "typical amount", it would be measured by the true cost of the work that needs to be done, coupled with the costs attendant to the dismissal, together with the potential penalites that may be further assessed until the work has been fully completed; which is why one should avoid escrows for matters such as this, and instead require that the Seller complete all of this in advance of closing.

    4 lawyers agreed with this answer

  7. In NYS is the seller of a home legally responsible for paying for cost of removing mold in their home?

    Answered 4 months ago.

    1. Vincent J. Gallo
    2. Eric Edward Rothstein
    2 lawyer answers

    No, unless you made this his or her obligation under the Contract of Sale.

    4 lawyers agreed with this answer

  8. My wife passed away last year. Our house is paid for. I wish to have her name removed from the deed. How do I proceed with this?

    Answered 6 months ago.

    1. Vincent J. Gallo
    2. Yefim Rubinov
    3. Richard J. Chertock
    4. Peter J Weinman
    4 lawyer answers

    Responding from a NY perspective if this were a NY deed and you and your wife owned the Real estate as tenants by the entirety you would not need to change the deed in order to prove100% ownership.

    4 lawyers agreed with this answer

  9. Do I have to pay on a mortgage if the mortgage note is stating the wrong amount?

    Answered 10 months ago.

    1. Vincent J. Gallo
    2. Michael C. Wild
    3. Peter J Weinman
    3 lawyer answers

    I strongly suggest that you look at the ENTIRE file. You are likely looking only at the Gap Note. Also, you can rest assued that the County Clerk does not have your Note on record.

    4 lawyers agreed with this answer

  10. Will this hurt the title of my house?

    Answered 11 months ago.

    1. Vincent J. Gallo
    2. Leonard Roy Boyer
    3. Michael T Millar
    3 lawyer answers

    It won't affect your "title", so to speak, but it will inevitably affect your ability to get a Certificate of Continuing Occupancy from the local municipality in form that will allow for you to close and thereby convey title to the house.

    4 lawyers agreed with this answer