Michael J. Catalfimo’s Answers

Michael J. Catalfimo

Albany Foreclosure Attorney.

Contributor Level 9
  1. Will existing expenses (loans) be considered in NY Child support case

    Answered about 2 years ago.

    1. Hayley R. Greenberg
    2. Michael J. Catalfimo
    2 lawyer answers

    Debt service is generally not an allowable deduction under NY's Child Support Standards Act (the "CSSA") unless the debt relates to a business owned by the payor. However, the Court has the discretion to vary from the CSSA guidelines if it finds that the application of the guidelines would be unjust or inappropriate. It is unlikely that a court would grant a CSSA variance request based upon a high amount of consumer debt, but you have nothing to lose by asking. DISCLAIMER: The foregoing is...

  2. What happens if I refuse to pay defaulted 2nd mortgage

    Answered about 4 years ago.

    1. Michael J. Catalfimo
    2. L Jed Berliner
    2 lawyer answers

    Initially, you will likely receive telephone calls and letters from the owner of the debt, or from a collection agency acting on the owner's behalf. You can slow or stop these collection contacts by exercising certain rights you have under the Fair Debt Collection Practices Act (the "FDCPA"), but the collection effort will likely continue after the creditor has validated the debt in compliance with the FDCPA. At that point, a lawsuit will be commenced against you to recover a money judgment for...

  3. I am a tenant and just found out that the house I am renting went in to judgement of foreclosure and sale do i still pay rent

    Answered about 4 years ago.

    1. Michael J. Catalfimo
    2. Matthew H. Hector
    3. Mitchell Paul Goldstein
    3 lawyer answers

    The foreclosure judgment does not end your landlord's ownership of the property. A foreclosure sale must be completed before the ownership of the property will change. Until then, your landlord is still entitled to the rent for your apartment. Determining what you should or should not be doing now as a tenant depends on many things, including: 1. Whether your lease is a month to month tenancy, or one for a stated term; 2. What amount of time remains on your lease term; 3. How long...

  4. Can I move back to my house which is in foreclosure proceedings?

    Answered about 4 years ago.

    1. Michael J. Catalfimo
    2. Matthew H. Hector
    2 lawyer answers

    You may legally move back into the marital residence as long as: (1) you are an owner of the property (i.e., your name is on the deed); and (2) the divorce court has not made an order giving your husband the exclusive possession of the Property. 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...

  5. My home is going into forclosure due to not being able to make the monthly payments. what will happen/

    Answered about 4 years ago.

    1. Michael J. Catalfimo
    1 lawyer answer

    HOUSING COUNSELING: First, if you have not already met with a qualified home ownership counselor to review your loan situation, you should do so. This link will take you to a list of HUD approved Housing Counseling Agencies in your area: http://www.hud.gov/offices/hsg/sfh/hcc/fc/index.cfm?searchstate=NY&filterLng=&filterSvc=dfc&filterMultiState=&searchName=&searchCity=brooklyn&searchZip=&searchLang=&webListAction=Search REAL ESTATE ATTORNEY: Second, if you have not already met with an...

  6. I live in ny state and i am in last stage of foreclosure. is the lender required to giveme a chane to redeem and pay off the deb

    Answered about 4 years ago.

    1. Paul Stephen Johnson
    2. Theodore Lyons Araujo
    3. Michael J. Catalfimo
    4 lawyer answers

    New York law gives a mortgagor a right to redeem the mortgaged premises from foreclosure by paying to the holder of the mortgage, at any time prior to the completion of the foreclosure auction sale, the ENTIRE amount which is due and owing on the note and mortgage. Partial payments will not accomplish a redemption; the entire amount must be paid. That would include principal, accrued interest, land ender's advances for taxes, insurance, legal fees and other costs authorized by the loan...

  7. What are the chances of a deficiency judgement against a borrower for a short sale or foreclosure in New York?

    Answered over 4 years ago.

    1. Michael J. Catalfimo
    1 lawyer answer

    In order for a short sale to be completed, the lender must release the lien of its mortgage (otherwise the short sale purchaser cannot obtain clear title to the mortgaged premises). Releasing the mortgage lien, however, does NOT automatically cancel the mortgagor's liability for the payment of the debt. If the lender's short sale agreement does not clearly state that your wife's personal liability is being released, you should request that such language be included in the agreement. If the...

  8. Am I liable for my wifes credit card debt in NY if they are soley in her name

    Answered over 4 years ago.

    1. Michael J. Catalfimo
    1 lawyer answer

    The extent of your responsibility for credit card debt your wife incurred during your marriage depends, primarily, upon the reason the debt was incurred. Charges relating to the purchase of goods or services which were "marital" in nature (e.g., purchase of food, clothing, travel and entertainment for both of you while you lived together, or payment of other joint living expenses such as home mortgage, utilities, maintenance or repairs), will generally be the shared responsibility of the...

  9. When should a husband start paying support/maintenance in New York when he's moved out and they're pending a divorce?

    Answered over 4 years ago.

    1. Michael J. Catalfimo
    1 lawyer answer

    Under New York law, awards of child support and maintenance are made retroactive to the date they are first requested in a legal proceeding between the parties, and not to the date of the parties' physical separation. Accordingly, a party seeking child support or maintenance should generally commence a legal proceeding to recover these benefits as soon after separation as possible. DISCLAIMER: The foregoing is not intended to constitute legal advice, or to create an attorney-client...

  10. I am renting a house that was under foreclosure,i did not now that when I rented it .

    Answered about 5 years ago.

    1. Michael J. Catalfimo
    1 lawyer answer

    A federal law called the "Protecting Tenants At Foreclosure Act of 2009" may afford you some protection. Because of the way this law is drafted, there is currently a great deal of uncertainty regarding what leases the law will apply to, and how it will apply to them. You should consult an experienced mortgage foreclosure attorney as soon as possible, to determine whether your lease is covered under the law. DISCLAIMER: The foregoing is not intended to constitute legal advice, or to create...