Mark Michael Campanella’s Answers

Mark Michael Campanella

Fairport Litigation Lawyer.

Contributor Level 14
  1. Paid someone elses real estate taxes

    Answered over 1 year ago.

    1. Steven Warren Smollens
    2. Donna Christine Sirois
    3. Mark Michael Campanella
    3 lawyer answers

    There is a recognition in the law that some payments made on behalf of another are gratuitous in nature. Your situation is very fact dependent. Did you make the payments on your neighbor's behalf based on some understanding of repayment, or were the payments made freely? If you made them without an express agreement that you would be repaid, you may not have an actionable claim. If there was an agreement, you will need to demonstrate as much. Consult with local counsel to fully explore your...

    2 lawyers agreed with this answer

  2. I have a house in my name, The Deed is in my name. I want to transfer the Deed to my brother. How do i do this?

    Answered over 1 year ago.

    1. Mark Michael Campanella
    2. Eric Edward Rothstein
    3. Noah D. Cohen
    3 lawyer answers

    Assuming there is no mortgage owed on the property, you would simply issue a quit claim deed to your brother. It's a fairly inexpensive proposition, but there will be some fees involved. I would recommend retaining counsel to do this on your behalf. As an aside, there could well be tax consequences associated with the transfer, so also be sure to consult your attorney and accountant regarding those issues.

    2 lawyers agreed with this answer

  3. Can a Homeowner's bank increase a sale price 4 months into a signed contract

    Answered over 1 year ago.

    1. Richard J. Chertock
    2. Adam Elliot Karhu
    3. Noah D. Cohen
    4. Mark Michael Campanella
    4 lawyer answers

    Welcome to the world of short sales. Yes, unfortunately this is legal.

    2 lawyers agreed with this answer

  4. Is it possible to succeed in a motion to dismiss due to late service (well after 120 days) and if denied can it be appealed?

    Answered over 1 year ago.

    1. Mark Michael Campanella
    2. Paul Karl Siepmann
    2 lawyer answers

    The question really is what are you trying to accomplish. While you might very well be successful at getting the case initially dismissed because of late or improper service, if the underlying statute has not run, the plaintiff will (likely) just file again and this time properly serve you. What's ultimately accomplished aside from delaying the case (which could be a valid goal)? This, however, is a good strategy if the underlying statute has run, in which case the plaintiff could well be...

    2 lawyers agreed with this answer

  5. How many days should you have before you have to pay a late fee on your your rent.

    Answered over 1 year ago.

    1. Mark Michael Campanella
    2. Mitchell Aaron Nathanson
    3. Michael Niels Bruno
    3 lawyer answers

    Refer to your lease. There should be a contractual provision setting forth the terms for the application of a late fee.

    2 lawyers agreed with this answer

  6. My brother(POA) sold from a reverse mortgage we didnt know he took out on moms property. No one has helped me - Im discouraged

    Answered over 1 year ago.

    1. Mark Michael Campanella
    2. Jayson Lutzky
    2 lawyer answers

    As your mother's power of attorney, your brother has certain fiduciary obligations that he is legally required to uphold on her behalf. Based on the scenario you presented, it appears that your brother may have engaged in self-dealing and breached those duties. Getting any resolution to this matter will likely involve judicial intervention, but the first thing you need to do is consult with local counsel to discuss your options further.

    2 lawyers agreed with this answer

  7. Why would a bank still retain a lien on property even after they cancelled a credit card debt?

    Answered about 1 year ago.

    1. Richard J. Chertock
    2. Mark Michael Campanella
    3. Jayson Lutzky
    4. Timothy Edward Kalamaros
    4 lawyer answers

    Regardless of whether you're securing a mortgage, a buyer wants to obtain clean title to a property, otherwise they risk issues transferring themselves later on. As my colleague indicates, if I represented the buyer, I would recommend them doing the same thing. As to the reason it remained in place, you'd have to look to the logistics of how the debt was "cancelled". If the creditor failed to vacate the judgment, then the lien will remain in place. Have your attorney work with the title company...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  8. Not sure where to find the required resources

    Answered about 1 year ago.

    1. Mark Michael Campanella
    2. Frank Anthony Natoli
    3. Michael Charles Doland
    3 lawyer answers

    You may want to direct your question(s) to the Nevada and/or Delaware sections provided by Avvo. I'm not sure New York counsel can necessarily help you.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  9. I need to know how to over turn a judgement and garnishment

    Answered over 1 year ago.

    1. Christopher K. Werner
    2. Eric Edward Rothstein
    3. Mark Michael Campanella
    4. Yefim Rubinov
    5. Susan Kathleen Duke
    5 lawyer answers

    Realistically, the chances of you getting this judgment vacated are pretty slim. Although the amount may seem like alot in light of the underlying loan value, keep in mind not only applicable interest that has accumulated, but the costs and attorney's fees that were incurred when the judgment was originally secured, the total judgment unfortunately doesn't surprise me. If you think you have a meritorious basis for trying to get this judgment vacated (improper service, etc.), you need to speak...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  10. Without a Lease on an apartment, do Senior Citizens have any rights of how much a Landlord can increase rent in one increment?

    Answered over 1 year ago.

    1. Mark Michael Campanella
    2. Richard J. Chertock
    3. Steven Warren Smollens
    3 lawyer answers

    Your question unfortunately lacks necessary detail. Is this a rent controlled apartment? Did he raise rent just on the senior or everyone in the building? Did he give any notice as to the rent increase? is this an annual increase that's been incurred in the past? There's typically nothing inherently wrong with increasing someone's rent. Depending on the answers to the rest, there is, however, a possibility that there could be a discrimination claim here, but without further information, it's...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

Legal Experience You Can Trust. Contact us today for a consultation.

585-377-4004