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Peter J Weinman
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Peter Weinman’s Answers

2,372 total


  • I have a house that's going into foreclosure that I don't live in, is it possible to get my name off of it?

    My ex wife lives in our house with her boyfriend. She lied about paying the mortgage for months when we were still married. So I moved out when we were getting divorced and now we got a letter from lawyers saying it will be foreclosed. We now owe ...

    Peter’s Answer

    Assuming you signed the note along with the mortgage, the lender can pursue you for any deficiency (shortfall), since you say you owe more than the house will likely sell for at auction. You should really sit with a local attorney to look at and discuss your rights and obligations.

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  • Notary stamp is terminated but is being used with forged signature by a attorney on motions submitted in Court can you dismiss

    If all motions, reply etc.in Supreme Ct .lawsuit the documents were all notarized with a notary stamp that is not found on record and the notary's signature was forged by the attorney. Could this be grounds to file a motion for dismissal ? I am cu...

    Peter’s Answer

    I read the dialogue between Mr. Bianchi and you and am not sure I follow the question. What do you mean by "terminated?" Is it expired? Was it revoked? If it simply expired, as Mr. Bianchi has said, the notarization is not "forged" nor is it necessarily a bad notarization. Caselaw suggests that if the notary license has expired, but the notary notarizes a document, the document is still properly notarized. If you are claiming that the attorney signed someone else's name (actually forged a notary's signature) that's a different story and could be not only grounds for a motion to dismiss the documents, but it could also jeopardize the attorney's license to practice law.

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  • Witness statement small claims NYC

    I am taking a laundromat to small claims court because they lost a 30lb bag of clothes. I tried going through the Department of Consumer Affairs, but the business claimed they didn't lose anything. My boyfriend is a witness, as he was there with m...

    Peter’s Answer

    I disagree with Mr. Rothstein. In small claims court, the rules of evidence are relaxed and you MAY be able to introduce what would otherwise be considered hearsay if the arbitrator or judge believes it will be in the best interest or will lead to "substantial justice." If the other party objects to its introduction, ask to adjourn so that you can re-schedule with your boyfriend present. The small claims court sessions are not limited to Thursday nights... they also offer Friday mornings. Good luck!

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  • What time can you play music on a Saturday night till in New York

    If you r having a party how late can you play music in ny

    Peter’s Answer

    Until 10PM, unless nobody complains.

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  • How long would it take to Evict a tenant in Staten Island NY

    Property is a foreclosure, tenants are refusing to cooperate so bank is selling with tenants inside. How long would it take to remove them if I bought it?

    Peter’s Answer

    I see two good answers so far, but neither has asked whether this is a commercial or residential property. They both assumed it was residential. If it's commercial, it will be more likely that they have a lease and that you'll be stuck with them for a longer (maybe years) period of time. If it's residential, do you know whether the tenant has a lease? Have you spoken to the tenant? This may be one of those situations where it makes financial sense to make the tenant an offer to leave. Something like a months' rent (paid directly to the next landlord on the day of the move) + moving expenses paid directly to the mover (also on the day of the move). Good luck!

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  • Suing an appliance store for no bill of sale.

    I recently purchased 3 appliances from a store. The order was supposed to be held for a few weeks since I didn't need them yet. I decided to switch out one of the items. There was a more beneficial rebate on the item. I explained that I needed al...

    Peter’s Answer

    Why do they need to be on the same invoice? Is it because you need the earlier date to appear on the later purchase? How can they use the rebate for themselves? Don't they need a proof of purchase? Otherwise, why would the retailer need you in order to claim rebates, in general? Anyway, I think your answers to some of these questions might spark other questions. How much is the rebate? Maybe it'll be worth going to small claims court?

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  • Can I sue Time Warner Cable for harassment from solicitations since I requested to be removed from their system?

    In may, 2014, I started telling Time Warner Cable to remove my address from their mailing list, and I keep telling them the same every time I get their junk mail. They have "assured" me that the mailings would stop, and yet I keep getting more jun...

    Peter’s Answer

    I know I am not answering your question directly, as I am not sure whether a cause of action lies against Time Warner, but here's some useful information in case you're not already aware:

    http://www1.nyc.gov/site/dsny/recycling-and-garbage/residents/junk-mail.page

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  • How long does a judge take to make a decision at the resolution part of housing court in Richmond County?

    I am currently commencing a case in order to evict the occupants that are living in a home that I bought off an auction as a result of foreclosure. My attorney has informed me that we are currently waiting for a judge to make a decision on whether...

    Peter’s Answer

    While I agree with Mr. Smollens' answer, I wonder why you're not asking these questions of your own attorney? It is definitely not unusual to wait a few weeks for a decision out of any court, but only your attorney knows exactly what type of decision it is and how long is usual. As has been pointed out, it seems unlikely you are waiting for a decision whether it's going to trial.

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  • My brother and I are on the mortgage and deed. Can I be removed from mortgage and remain on the deed?

    My brother has been paying the mortgage for the past 7 years. He lives in the house. I do not live in it. This was our agreement that he pay the mortgage. He has agreed to remove me from the mortgage as it is affecting my ability to purchase a h...

    Peter’s Answer

    The lender is unlikely to remove you from the mortgage, despite whether you are in or out of title since you are another person personally liable for the debt under the note (which I gather from you saying it's affecting your ability to buy a home of your own). Your brother will need to refinance WITHOUT YOU and have a new deed from the two of you to just him. You should most certainly have an attorney representing you in something like this - as should he.

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  • Do I need to have a Will if I own a home that is deeded joint ownership with right of survivorship, and savings with ITF?

    I also have personal property like jewelry and furniture that is not really substantial, but I still don't want my children to fight over those items.

    Peter’s Answer

    You received a couple good answers, but to directly answer your questions: 1) the property in which you hold title as a joint tenant with right of survivorship would automatically pass by operation of law to the remaining tenant(s) - outside any will. 2)savings accounts that are titled in trust for some other person are not your money to begin with. Perhaps someone else holds the account in trust for you? But, you probably want to change the account to name someone as "payable on death" to make sure it goes to the right person. If your jewelry is not worth fighting over, you can always prepare a will for that, but you might spend more on the will, depending on how "unsubstantial" it really is. Good luck!!!

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