Michael J. Catalfimo’s Answers

Michael J. Catalfimo

Albany Foreclosure Attorney.

Contributor Level 9
  1. "I had a lawer that was helping with getting a deed put into my name of a house that was passed down to me..She fired me

    Answered about 2 years ago.

    1. Joseph Jonathan Brophy
    2. Michael J. Catalfimo
    3. Zev Goldstein
    3 lawyer answers

    I agree with Mr. Brophy: Just hire another attorney. Are you sure that it was homeowner's insurance you were being advised to purchase and not "title insurance"? It would make more sense to me if your former attorney wanted you to obtain title insurance, so that you could be sure there were no problems with the title to the property. He or she could have been concerned that if you didn't have title work done and then discovered later that there was a problem with the title, you might blame...

    2 lawyers agreed with this answer

  2. Can I sue this bank for lawyer costs and emotional distress?I'm attempting to buy a second home and tried to get a loan with TD

    Answered about 2 years ago.

    1. Carol Eileen Ryder
    2. Eric Edward Rothstein
    3. Michael J. Catalfimo
    4. Richard J. Brickwedde
    5. Richard Scott Carlyon
    5 lawyer answers

    It is not possible to answer your question without knowing more about the terms of your loan commitment and the reason the bank refused to close. Since you are asking whether you can sue for your attorney's fees, I assume you were represented by an attorney in connection with your loan. If so, that person is in the best position to tell you whether or not you have a legitimate claim against the Bank which is worth pursuing. DISCLAIMER: The foregoing is not intended to constitute legal...

    2 lawyers agreed with this answer

  3. If I marry a non-custodial parent in New York State, will I will responsible to pay his child support?

    Answered over 4 years ago.

    1. Michael J. Catalfimo
    2. David Alexander Browde
    3. Jeffery Michael Haupt
    3 lawyer answers

    To properly understand the answer to your question, you must distinguish between "direct" legal responsibility, on the one hand, and "indirect" legal responsibility, on the other. With respect to "direct" legal responsibility, the law in New York is that you are NOT legally responsible to support, or pay child support for, a step-child. The exception to this rule, however, is found in Section 101 of the New York Social Services Law, which makes a step-parent legally responsible for the...

    4 people marked this answer as helpful

  4. I am currently in foreclosure. I was served the paperwork yesterday. I can not fit my story in the space allocated to me here.

    Answered over 5 years ago.

    1. Michael J. Catalfimo
    2. Alan James Brinkmeier
    2 lawyer answers

    The two most important things you can do to protect your interests are: a) consult a competent foreclosure attorney as soon as possible; and b) do NOT default in filing and serving an answer to the foreclosure complaint within the time specified in the Summons. If you cannot afford an attorney, check with the nearest Legal Aide office or county bar association to see if they can assist you. You can also call the Homeowner's HOPE? Hotline at 888-995-HOPE?, or the New York State Bar...

    3 people marked this answer as helpful

  5. Can I request the court to order my ex's boyfriend to NOT smoke around my son?

    Answered about 2 years ago.

    1. Virginia Giselle Alvarez
    2. Michael J. Catalfimo
    3. Eric Edward Rothstein
    4. Lawrence Allen Weinreich
    4 lawyer answers

    Yes, you may ask the court to make an order of this nature. A New York Family Court Judge I appear before often, routinely includes a provision in his orders which prohibits each parent from smoking in the presence of the child(ren), or permitting a third person to do so. If your child's pediatrician will write a note in support of you request, it would be helpful. One thing to remember if you decide to make this request: If your Ex has any complaints about you relative to custody, visitation...

    1 lawyer agreed with this answer

  6. Problematic deceased estate

    Answered about 2 years ago.

    1. Joseph Jonathan Brophy
    2. Michael J. Catalfimo
    3. James P. Frederick
    3 lawyer answers

    I agree with my colleagues who have encouraged you to retain an attorney. The life insurance issue needs to be addressed as quickly as possible. If the company can be made to pay out the death proceeds, that should go a long ways towards solving the problems you've described. If, on the other hand, the company is legally justified in refusing to pay on the policy, you may be able to negotiate a "short sale" or "deed in lieu of foreclosure" with the bank. Without knowing more facts, however,...

    1 lawyer agreed with this answer

  7. Real estate lawyer

    Answered about 2 years ago.

    1. Michael J. Catalfimo
    2. Steven Warren Smollens
    2 lawyer answers

    Your rights and responsibilities with respect to a lease of real property are established, initially, by the terms of the lease agreement which you signed. The standard residential lease agreement typically obligates the tenant to deliver possession of the leased premises to the landlord at the end of the lease term, in the same condition the premises were in at the start of the term (reasonable wear and tear excepted). It also typically obligates the tenant to pay the landlord's legal fees...

    1 lawyer agreed with this answer

  8. Can a bank file a personal judgment before finishing foreclosure process ?

    Answered about 2 years ago.

    1. Robert A. Stumpf
    2. Michael J. Catalfimo
    2 lawyer answers

    A mortgage loan has two parts: the Note and the Mortgage. The Note represents the borrower's promise to repay the loan, and the Mortgage creates a lien against the borrower's home to secure the performance of the borrower's repayment obligation. When a mortgage loan borrower defaults in repaying the loan, New York law gives the holder of the mortgage the right, at its option, to: (a) foreclose the lien of the mortgage; or (b) sue on the Note to obtain a money judgment. This right exists...

    1 lawyer agreed with this answer

  9. Foreclosure Action - Filing a Notice of Claim

    Answered over 2 years ago.

    1. Michael J. Catalfimo
    2. Simon W. Reiff
    3. Michael David Siegel
    3 lawyer answers

    Your question is not detailed enough for a propr answer to be given. Try adding more facts about what you are trying to accomplish. DISCLAIMER: The foregoing is not intended to constitute legal advice, or to create an attorney-client relationship between us (See paragraph 8 of Avvo Terms and Conditions of Use). It is offered, instead, as general legal information relevant to the issue(s) raised in your question. Legal information is not the same as legal advice (i.e., the application of...

    1 lawyer agreed with this answer

  10. What can i do if my husband takes my car if i am on the title and we are still married?

    Answered over 4 years ago.

    1. Michael J. Catalfimo
    1 lawyer answer

    If you are unable or unwilling to go to court, there is probably little you can do to prevent your husband from using your car. Technically, you could file a criminal complaint against your husband and request that he be prosecuted for the unauthorized use of a motor vehicle (See Section 165.05 of the New York Penal Law, which provides that "A person is guilty of unauthorized use of a vehicle in the third degree when...knowing that he does not have the consent of the owner, he takes, operates,...

    1 lawyer agreed with this answer