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Michael Andrew Markowitz

Michael Markowitz’s Answers

300 total


  • How do I evict a section 8 tenant w/out a lease and who has Beene approved transfer voucher? What are my options?

    Puchased multi failing dwelling w/sects 8 tenant. Home was in foreclosure and she received a transfer voucher back in April 2012 however the city refuses to give us a date as to when she will move. The tenant wants to leave. She has not received ...

    Michael’s Answer

    There is no landlord - tenant relationship between you and the tenant. If you purchased the house out of foreclosure, you would need to serve a certified copy of the deed together with a ten day notice. You would then be able to commence an eviction proceeding.

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  • Is it mandatory in NYS for someone to use an attorney when one wants to sell a business?

    Is it mandatory in NYS for someone to use an attorney when one wants to sell a business?

    Michael’s Answer

    No. But I would recommend using an attorney.

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  • Do I have a right to see Mom’s Will as my brother is executor and says Mom left everything to him? Mom died a few weeks ago.

    Mom died a few weeks ago, having no physical or medical probs, just gave up on life. My husband + I lived in her house with her for 23 years; paying part of her mortgage and were always fixing, maintaining and adding to her house, sinking a lot of...

    Michael’s Answer

    Q. Do I have a right to see Mom’s Will as my brother is executor and says Mom left everything to him?

    A. Yes. For your brother to probate the will he must produce a copy for your review. You are allowed to not only contest the will, but to question the witnesses and the attorney that drafted the will.

    Mike.

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  • I live in nj and just received 1,081.91 of my security back, which i was supposed to get back $1875.00, he included an itemized

    list of repairs, which are leaking water inside walls which i am not responbile for, i am preparing on taking him to small claims court, my question is can i deposit the check for $1081.91 or should i wait until after we resolve issues in court? ...

    Michael’s Answer

    I would suggest writing the words "without prejudice" on the back of the check when you endorse and deposit same. Essentially, the words mean that you are accepting the money with the intention that acceptance doe not extinguish your right to seek relief for the remainder amount owed.

    Mike.

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  • I won an order of protection by default, can other party petition for a new one?

    I am a petitioner and a respondent in an order of protection in family court, after the other party did not attend the hearing, I won the order of protection by default. Can the other party take steps against me to petition a new one after I won...

    Michael’s Answer

    The other party can file a motion to vacate the order upon demonstrating an excuse for the default.

    Mike.

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  • Do I need to put my name on the deed? If so how do I go about it?

    my mother died and left my sister and I the house. do we need to put ournames on the dee or is just having the will enough?

    Michael’s Answer

    I agree with the prior answer. Your mother's will must be probated. Generally, this is a fairly simple procedure. After the will is probated, you would prepare a deed transferring the house from the estate of your mother to you and your sister.

    Feel free to contact my office for a consult.

    Mike.

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  • Husband stoped paying child support and temporary maintenance

    My husband stoped paying Child support and temporary maintenance. What documents should I sent to the Court before next divorce court day, to enforce the payments?

    Michael’s Answer

    You would have to file a motion holding your husband in contempt of court. Included in the motion is a copy of the Order, a documents demonstrating the husband's receipt and knowledge, and an affidavit from you setting forth that the husband failed to pay temporary child support and maintenance pursuant to the Order.

    Mike.

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  • Anyway to force and ex to sign a sales contract on a marital residence.

    have a buyer for the house but ex refuses to sign. I have a judgement against him and in the divorce decree it states house to be sold if I cohabit , marry or if my youngest child turns 18. 2 2 out of 3 has happened. Dont want to lose buyer. what ...

    Michael’s Answer

    I agree. You should be filing a motion for contempt of court. However, in your motion, you should also ask that the Sheriff sign the deed on behalf of the ex spouse. It takes your ex out of the equation so he would not be able to block the sale.

    Mike.

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  • The other person on the deed moved out, won't provide a forwarding address and has dumped all the bill's on me what should i do?

    Joint on morgage and deed

    Michael’s Answer

    The first thing you must do is to locate the new address of the other person. You cannot do anything - even a legal actoin - without first giving notice to the other person.

    After you locate the other person, you must make a demand for payment in writing. I would suggest certified mail.

    If the demand in writing does not work, you have a choice. You may sue for breach of agreement - that the other person must pay you for 1/2 of the mortgate obligation. Or, you may sue for a partition action to divide and sell the real property.

    Mike.

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