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Michael C. Wild

Michael Wild’s Answers

414 total


  • I have POA for my mom. I took the POA papers which were drawn up by a NYS lawyer to the bank so that they would be on record,

    the bank stated that the POA papers are a photo copy and not the original and that if they are not the original that I need a receipt that they were filed with the county. Does this sound right? Should the lawyer have given me the originals? What ...

    Michael’s Answer

    It sounds like the bank wants to see proof that the power of attorney is of record with the County Clerk before honoring it. I've encountered this in the past, and it's a matter of the bank's discretion. It also appears the attorney who prepared the POA is holding the original in his or her records. Contact that attorney, explain what the bank wants, and ask for assistance with getting the original POA recorded, and a Clerk's Office file-stamped copy with recording receipt. Be prepared to pay the County Clerk's recording fees (In this County, there is a fee for the clerk to generate a cover page, with a per-page cost for each subsequent page), and maybe a nominal attorney fee for the attorney time to get the original document recorded.

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  • Can text messages from my wife' phone be subpoenaed from my Verizon account.

    I am going to pursue a fault divorce in new york state for adultery. As part of the proof of adultery I need to subpoena text messages from my wife's phone, the Verizon account is in my name. The last text messages from my wife and her "boyfrie...

    Michael’s Answer

    There is no tactical advantage to be gained pursuing fault based divorce, or in seeking those records. Further, trying to subpoena the records you want will just cost you more of your own time, and increase attorney fees & disbursements, with no payback on the other side.

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  • Can my neighbors stop my Devolper from rezoning my land?

    I live on 3 acres of land in the heart of a very desirable area. 6 mos ago I sold it to a devolper who won the bidding war over the property. It is currently zoned R3 He wants to zone it MFR-5. Very up scaled 2 story apartments .15 total The pro...

    Michael’s Answer

    It appears the sale already closed. If that is the case, unless there is some provision of the contract that survives closing, any problems encountered by the developer in seeking re-zoning are for the developer.

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  • Help! My dead brother's house is actually my dead grandparents'

    My brother died recently and I've been asked to administer his estate. It's not very big but it does, everyone thought, include his house which is in run-down condition in a bad part of town. Still, it's worth something. In looking up the deed...

    Michael’s Answer

    I'm very sorry for your loss. It appears that in order to get authority to sell the realty you mention, there may need to be an estate proceeding for your grandparents.

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  • Could I obtain text messages and call logs from my wife's phone in a divorce to prove infidelity.

    The account is in my name, the phone in question is the one my wife uses on that account. I would only be trying to get information from my own account. Verizon will not release any texts older than 90 days or phone logs older than 18 months with...

    Michael’s Answer

    A few years ago, New York adopted no-fault divorce. If you allege no fault as grounds for divorce, you would not need to go to the time, trouble, expense or heartache of proving infidelity to a Court. Spousal support (sometimes referred to as alimony) and child support are generally formula based. Property settlement matters (a shorthand for the process by which personal property, debts, realty, etc. are divided up) are usually done with an "equitable distribution," analysis which is more formulaic than you might initially think. Child custody matters are usually determined using the "best interests of the child" standard.

    With respect to your specific question, it is possible to seek that information during the discovery process of litigation, but in light of my suggestions above, it may not be worth the time, trouble, expense or emotional toll to do so. With those general suggestions stated, you should speak with an attorney confidentially to discuss your case in more detail.

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  • We have decided to build a house and need out of our lease what legal opinions do I have when the landlord doesn't provide

    Very many options

    Michael’s Answer

    New construction takes time. Depending on where you are in the process, it may not be a problem if you're in a longer term lease.

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  • Can I sue for fraudulent sale of real estate?

    My mother in law sold me my home and property with a mobile home on it 2 car ports and 6 sheds(she holds my mortage) well 5 years down the line I have neighbors on both sides saying I am on their property and I have to hire a lawyer. Can I sue her...

    Michael’s Answer

    As a general rule, when a buyer accepts a deed for realty from the seller, New York State follows the old common law rule of "Caveat Emptor," or, "let the buyer beware." The prospective buyer has the responsibility to perform his or her own due diligence before closing. You, as the buyer, should have engaged the services of an attorney to review the search and survey, and the contract would presumably have address who would go to the expense of providing those documents.

    Take your abstract of title and survey an attorney to determine what you own, and learn your options as it relates to the apparent dispute with the neighbors. Once you know what you own, an attorney you hire can advise about how to proceed.

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  • I am in the discovery stage of a foreclosure. I have done my research and gathered evidence against my bank.

    Evidence that proves mortgage servicing fraud. Evidence that show the note was not sold or properly transferred to the trust. Evidence that show that in the illegal securitization of the mortgage note both mortgage and note were separated. Evid...

    Michael’s Answer

    The time to make a counter claim is at the time you make your answer. If that time already passed, you need to make a motion to amend your answer. I wouldn't hold out hope to get damages for pain and suffering either, because such damages would presumably only be applicable if there is a tort independent of the mortgage foreclosure matter.

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  • What to when a business refuse to file an accident report or supply there insurance company due to there negligence?

    Fell in there place of business and got hurt . Still being treated by physicians. It's been over a year.

    Michael’s Answer

    You should consult with an attorney confidentially to discuss the merits of your apparent personal injury case.
    Where you allege a slip and fall, you should discuss whether the business had any knowledge of the condition that led to your fall, and a number of other items. You may need to sue the case before the opponent discloses information about insurance.

    Many personal injury attorneys, myself included, offer free consultations.

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  • Do I need an attorney?

    I am pregnant and I had a slip and fall at a grocery store recently I consulted my doctor about the pain but the only thing he was able to do at this point was prescribe me Tylenol, the company has been in contact with me but I'm unsure what I sho...

    Michael’s Answer

    If you sustained an injury, and you sought treatment, you are at your liberty to consult confidentially with an attorney of your choosing to discuss the merits of a potential personal injury case.

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