Michael J. Catalfimo’s Answers

Michael J. Catalfimo

Albany Foreclosure Attorney.

Contributor Level 9
  1. What can I do to stop the foreclosure after I've been served? I want to keep my house!! Help please!!!!

    Answered about 5 years ago.

    1. Michael J. Catalfimo
    2. David Rashid Sweis
    2 lawyer answers

    You say you contacted an attorney to help you with a loan modification, but you don't indicate what he or she has done on your behalf. The New York State Banking Department maintains a list of Foreclosure Prevention Counselors who are knowledgeable about loan modification programs now in effect. You should review this list, which can be accessed online at http://nysdhcr.gov/Programs/ForeclosurePrevention/CounselListing.htm#a56, and contact the counselor(s) nearest to you as soon as possible....

  2. Sale of nys property is scheduled for 7-2009 how long after eviction notice do we have to vacate property?

    Answered about 5 years ago.

    1. Michael J. Catalfimo
    1 lawyer answer

    You don't indicate the nature of your interest in the property (e.g., owner, tenant, guest, etc.), and this can make a difference in determining what occupancy rights you may have following the foreclosure sale. Assuming that you are an owner, the foreclosure purchaser will likely arrange for a 10 day Notice to Quit to be served upon you as soon after the sale as is possible. If you fail to leave before the expiration of the 10 day notice period, the purchaser will then either file a...

  3. If I withdraw my petition for divorce, can I file in a different county at a later date?

    Answered over 5 years ago.

    1. Michael J. Catalfimo
    1 lawyer answer

    Whether a claim for divorce can be re-filed depends, first, on whether the current lawsuit is dismissed WITH prejudice, or WITHOUT prejudice. If it is dismissed WITH prejudice, then it cannot be filed again. If it is dismissed WITHOUT prejudice, then it CAN be filed again, provided that the statute of limitations for the claim has not expired when the second lawsuit is commenced. The following example will help to illustrate these concepts: Assume that the current lawsuit seeks a...

  4. How much notice to i need to give a tenent and do they have to be present, to show an occipied apartment

    Answered over 5 years ago.

    1. Michael J. Catalfimo
    1 lawyer answer

    Generally speaking, a landlord in New York may NOT enter the leased premises during the term of the lease without the Tenant's consent, unless the right of entry is reserved to the Landlord in a written lease for the premises. If you have a written lease, you should consult it to determine if it gives you the right to enter the leased premises for the purpose of showing them to a prospective tenant. If it does, then you must comply with the terms of the lease with respect to any notice the...

  5. I live with parents ages 92 & 95. 95 yearold has advanced alzheimer's. I have been here two years. can I leave?

    Answered over 5 years ago.

    1. Michael J. Catalfimo
    1 lawyer answer

    You cannot be legally compelled to act as your parents' caregiver. Having voluntarily undertaken to perform this job, however, you should not discontinue your services without first exercising reasonable care to insure that your parents do not suffer harm as the result of your departure from their home. If your sister will not assist you in securing a suitable substitute for your services, you might consider contacting the Adult Protective Services division of the Department of Social...

  6. Divorce, pension, separation agreements, baby on the way...

    Answered over 5 years ago.

    1. Michael J. Catalfimo
    1 lawyer answer

    A Separation Agreement is usually intended to settle and resolve ALL property rights arising out of the marriage. If such an agreement is properly drafted and signed, the parties to the agreement will not be permitted to alter or change the property settlement terms of the agreement unless they can prove either that: a) the agreement was the product of fraud, undue influence or overreaching; or b) the agreement is so unfair in its terms that it would be against public policy for the courts to...

  7. Can I have my fiances aunt served with an order of protection in family court.

    Answered over 5 years ago.

    1. Michael J. Catalfimo
    2. Michael Hassen
    2 lawyer answers

    Family Offense proceedings in New York Family Court are governed by the provisions of Article 8 of the Family Court Act. Section 812 of the Family Court Act indicates the nature of the relationship which must exist between a complainant and a respondent in order for the Court to have jurisdiction to hear and determine a petition alleging a Family Offense. Last year, the class of "family relationships" subject to Family Offense jurisdiction was expanded by the New York Legislature to include...

  8. My home was foreclosed on and is now in REO by the bank. I am trying to get my home back before the eviction?

    Answered over 5 years ago.

    1. Michael J. Catalfimo
    1 lawyer answer

    In New York, a mortgagor has the right to redeem the mortgaged property (the "Right of Redemption") from the lien of the mortgage by tendering to the mortgagee, PRIOR TO THE COMPLETION OF A FORECLOSURE SALE, the full amount which is owed under the mortgage. Once the sale is completed, however, this Right of Redemption is terminated. At that point, the only way for the mortgagor to keep the mortgaged property is: a) negotiate to re-purchase the property from the successful bidder at the...

  9. In NYS is it always necessary to deem one parent "custodial" parent?

    Answered over 5 years ago.

    1. Michael J. Catalfimo
    1 lawyer answer

    The term "custodial parent" is a legal term created by New York's Child Support Standards Act of 1989. It is used to denote the parent to whom child support is paid. The parent who is paying the child support is designated as the "non-custodial parent." Court cases interpreting the Child Support Standards Act following its enactment have held that, for child support purposes, there must always be a "custodial parent" and "non-custodial parent", even where physical custody of the child(ren) is...

  10. How long does someone have to file a lien?

    Answered over 5 years ago.

    1. Michael J. Catalfimo
    2. Vincent Thomas Pallaci
    2 lawyer answers

    Several legal issues must be considered to determine the answer to your question. The first is whether your interest in the cooperative apartment is considered to be an interest in real property, or an interest in personal property, for purpose of determining the validity of the claimed lien. A mechanic's lien may only be claimed against an interest in real property. Consequently, the lien will not be valid if your interest in the apartment is considered to be "personal property." While...