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Michael J. Catalfimo's Answers

Michael J. Catalfimo
Albany Foreclosure Attorney.
Contributor Level 9

3

Attorney answers:

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

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

Asked by a user in New York, NY - almost 2 years ago.

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...

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Attorney answers:

  1. Michael J. Catalfimo
  2. Alan James Brinkmeier

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

Asked by a user in Ogdensburg, NY - about 3 years ago.

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...

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Attorney answers:

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

Foreclosure Action - Filing a Notice of Claim

Asked by a user in Brooklyn, NY - 7 days ago.

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...

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Attorney answers:

  1. Michael J. Catalfimo

Spurious information subpoena

Asked by a user in Chappaqua, NY - about 3 years ago.

Under New York law, an information subpoena issued to a person or entity other than the judgment debtor must contain the following certification: I HEREBY CERTIFY THAT THIS INFORMATION SUBPOENA COMPLIES WITH RULE 5224 OF THE CIVIL PRACTICE LAW AND RULES AND THAT I HAVE A REASONABLE BELIEF THAT THE PARTY RECEIVING THIS SUBPOENA HAS IN THEIR POSSESSION INFORMATION ABOUT THE DEBTOR THAT WILL ASSIST THE CREDITOR IN COLLECTING THE JUDGMENT. If such a signed certification is not contained in the...

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Attorney answers:

  1. Michael J. Catalfimo
  2. Perry B. Thompson

Tenant attending foreclosure hearing??

Asked by a user in Mastic, NY - over 1 year ago.

Foreclosure sales in New York are conducted at public auctions. These sales are advertised in the newspaper and anyone is permitted to attend the sale and bid on the property. You should carefully monitor the papers which are filed in the foreclosure action with the county clerk. When the Final Judgment of Foreclosure and Sale has been filed, review it to find the name and phone number of the Referee appointed to sell the property. Call the Referee and ask to be sent copies of the Notice of...

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Attorney answers:

  1. Michael J. Catalfimo

I served my divorce papers last August to my wife in Ireland and never filed affidavit of service in NY. Is it too late?

Asked by a user in New York, NY - about 2 years ago.

You must serve the process upon your wife within 120 days of the commencement of the divorce action, but you do NOT need to file the affidavit of service within 120 days. Having said that, please note that if the method of service which was used to serve your wife was "leave and mail" or "nail and mail", then her time to answer or respond to the process will not begin to run until 10 days after the affidavit of service is filed with the court clerk. Please also note that the validity of the...

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Attorney answers:

  1. Michael J. Catalfimo

Is the "Produce the note" stratagey an answer to a summons and complaint in New York?

Asked by a user in Rochester, NY - over 2 years ago.

A proper "Answer" to the "Complaint" in a New York foreclosure action should comply with section 3018 of the NY Civil Practice Law and Rules, which provides that: "A party shall deny those statements known or believed by him to be untrue. He shall specify those statements as to the truth of which he lacks knowledge or information sufficient to form a belief and this shall have the effect of a denial. All other statements of a pleadings are deemed admitted..." If you file an "answer" with...

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Attorney answers:

  1. Michael J. Catalfimo

My landlord is going into foreclosure and isn't give me much information. Should I continue to pay him?

Asked by a user in Middletown, NY - about 3 years ago.

Your rights and responsibilities with respect to the payment of rent are established, initially, by the terms of the lease agreement which you signed. Such an agreement typically obligates the landlord to provide habitable premises to the tenant and, in return, obligates the tenant to pay rent to the landlord for those premises. The standard residential lease agreement does not, typically, condition the tenant's duty to pay rent upon the landlord's timely payment of any mortgages which are owed...

1 person marked this answer as helpful

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Attorney answers:

  1. Brian Stephan Devery
  2. Michael J. Catalfimo

The house we are renting is going into foreclosure. We have six months left on the lease. Should I continue to pay rent?

Asked by a user in Otisville, NY - almost 3 years ago.

Your rights and responsibilities with respect to the payment of rent are established, initially, by the terms of the lease agreement which you signed. Such an agreement typically obligates the landlord to provide habitable premises to the tenant and, in return, obligates the tenant to pay rent to the landlord for those premises. The standard residential lease agreement does not, typically, condition the tenant's duty to pay rent upon the landlord's timely payment of any mortgages which are...

1 person marked this answer as helpful

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Attorney answers:

  1. Michael J. Catalfimo

How do i close my husband's estate in New York?

Asked by a user in Highland Falls, NY - about 3 years ago.

If an estate proceeding was opened for your husband after his death--which would have been done by the filing of a petition for Letters of Administration in the Surrogate's Court of the county he resided at the time of his death--this proceeding can be closed either by your filing of: a) a petition for the judicial settlement of your account as Administrator; or b) an agreement (often referred to as an instrument in settlement) signed by you and your husband's other heirs at law, which...

1 person marked this answer as helpful