Can a lease holder transfer lease ownership to an occupant without any problems?: If I'm living as an occupant in an apartment for the last 6 months and the lease holder decides that they want to move, can they have the lease transferred to my name or would I have to go through the entire process of having to apply for the apartment with the landlord at whatever price they decide?
Gerry’s answer: The answer depends, in part, on the type of apartment; for instance, is it rent regulated. There are various scenarios, that you should discuss at length with a qualified tenant's attorney, who can provide you with guidance as to how to proceed, before you take any steps that could jeopardize your future occupancy or potential tenancy.
I lived in a building (pay rent) for 8 years and today i was in the bathroom and the ceiling had a leak and collapsed on me: I lived in a building (pay rent) for 8 years and today i was in the bathroom and the ceiling had a leak (apprently overnight) because brown water was all over my bathroom sink. Upon looking up and heard a crack and bug infested brown water and concrete and sheetrock collapsed down on me. i immediately called the super and after him inspecting the damages, i went to the doctor. whose responsible? and what kind of lawyer can i talk to for some kinda of recompense?
Gerry’s answer: There is also a likely breach of warranty of habitability claim as against your landlord. You should consult with a qualified tenant attorney.
Mortgage needs to being registered (after new deed drawn up), but lawyer never drew up mortgage papers...:
I sold my share of parents home back to parents and part of that money is to come in monthly installments via promissory note. A new deed was created and recorded at county clerks office. However, when I asked the lawyer (who made the deed) if he prepared the mortgage (Since my family is not paying the monthly funds), he said that in certain family transactions a mortgage is not prepared and recorded. It was decided that given the level of trust in the family, that the house would not be sold without the debt being satisfied so the expense of recording a mortgage was not necessary. I didn't know about any of this until now.
Now I need this mortgage registered to protect my Promissory Note if they sell the house. What can I do?
Thank you
Gerry’s answer: If there is not a level of trust, despite what the attorney claimed, then you may have to consider options such as filing a lis pendens, or seeking a constructive trust. That you are not receiving your monthly payments is very suspicious; that the attorney did not draft and file a mortgage may be more than mere inadvertence. I strongly suggest you immediately consult with a qualified real estate attorney.