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Meyer Y. Silber

Meyer Silber’s Answers

44 total


  • NY I have title to collector car. What recourse do I have if my car was 'disposed of' w/o my az? DMV has 'no proof' of disposal

    Few yrs ago my car was brought, by tow truck (have receipt),to friend who managed a gas station. No repairs needed, he was going to keep car in safe place. I had to leave town (father was dying). He told me not to worry, there would be no charge, ...

    Meyer’s Answer

    The others' answers are all good. There was a recent case on collecting the appreciated value of a collectible car that was destroyed in an accident. You can find it at http://www.thesilberlawfirm.com/2011/11/owner-of-valuable-sports-car-r.html

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  • We own an LLC. company with a partner. we bought him out. can he get a corp. in the same name?

    I want to know if our ex partner can form a corp. with the same name as our LLC?

    Meyer’s Answer

    As a practical matter, the NYS Secretary of State won't or shouldn't allow that. If it somehow happens, you could claim that the ex-partner is violating the rules of fair competition, which is actionable. If you were successful in court, you would ask a judge to prevent the ex-partner from using the same name.

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  • If you are paying back a loan can you be taken to court because your not paying back fast enough?

    I borrowed $10,000.00 from someone in February 09. To this date I have paid them back $4,000.00 so far. I pay them faithfully every month and have receipts to prove it. Unfortunately, the person who loaned me the money feels I am not paying them b...

    Meyer’s Answer

    What was your agreement with the lender? That agreement will tell you how much you are to pay each month. If there is no agreement, it is unlikely that the lender can enforce any payment plan without some support of what was agreed to.

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  • Am i responsible for a bill sent to me after i had taken care of my balance in full at time of service???

    I took my dog to an animal hospital for an emergency. I paid my invoice in full at the time only to receive a new invoice on the mail. They said that the doctor forgot to charge for some x-rays....I'm furious!!! They didn't do anything for my dog ...

    Meyer’s Answer

    That the doctor made a mistake doesn't obviate you're obligation to pay. That said, given the situation, the doctor may be willing to negotiate the fee.

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  • In a new york real estate contract, is the close by date actually binding?

    About 6 weeks ago I made an offer, thru a local real estate agent, to purchase 6 acres and an old mobile home. The offer was accepted, and I gave the agent the entire selling price to put in escrow. The contract read to be closed on or about 1 A...

    Meyer’s Answer

    Yes, get a lawyer. Often, the savings evaporate when you need to hire a lawyer to fix a problem.

    Concerning the closing, you need to make it a closing that is set with "time being of the essence." It needs to be reasonably set, but that date is usually binding.

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  • If my auto payment is 90 days delinquent, the bank repossesses; what financial responsibility do I incur?

    Can the bank come after any of my assets? Will the bank try to recoup any late fees or interest accrued, how? Will I be liable for any money difference between the loan balance and the bank's auction price realized?

    Meyer’s Answer

    You don't provide enough information. Before the bank can do anything, in almost all cases, the bank must commence a foreclosure action in a court. That could take anywhere from six months to two years. Only after a judge gives the bank permission can the bank sell your house. To answer your question, yes, the bank can come after you for any amounts that are not satisfied by the auction. Practically speaking, banks usually don't do that.

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  • How can I be foreclosed on for a house I no longer own?

    i have a excellent credit score. pay my bills including my mortgage on time. Received a foreclosure notice on a house I signed off of 4 1/2 yrs. ago. The house has been vacant for a year since my previous co owner (& my kids father) died. I ha...

    Meyer’s Answer

    The closing documents should indicate if the old mortgage was paid off when you sold the house. If it was not, you may have a problem. Speak to the attorney who handled the closing.

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  • I have a promissory note for over 30k which is 10 years old.Last payment was made 6 years ago,then stopped.

    The promissory note is 10 years old,signed by my ex husband.Last payment he made was about 6 years ago,then stopped.How do I go about making him pay the rest of the loan?I live in NYC,he,the person who owes me money lives in Oklahoma. Please answ...

    Meyer’s Answer

    I apologize for the last post, obviously a mistake.

    Turning to your question, the statute of limitations is six years. That could be extended if the borrower would acknowledge the debt in writing. Additionally, there is a question where a lawsuit could be commenced, an answer I can't give with this limited information.

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  • I have a promissory note for over 30k which is 10 years old.Last payment was made 6 years ago,then stopped.

    The promissory note is 10 years old,signed by my ex husband.Last payment he made was about 6 years ago,then stopped.How do I go about making him pay the rest of the loan?I live in NYC,he,the person who owes me money lives in Oklahoma. Please answ...

    Meyer’s Answer

    Although there are exceptions, an oral agreement can be enforced, so long as you can prove the relevant details, such as term, amounts, and party obligations.

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  • Fraudulent Mortgage

    I just found out about about a mortgage that I did not sign any documents from 2006. I am not aware of it and it does not appear on my credit report. How do I charge a commercial lender for fraudulent signatures on closing documents?

    Meyer’s Answer

    You don't know that the bank committed fraud, perhaps the borrower did. You need to consult with an attorney immediately to investigate what happened and to take steps to correct it. Given the information you provided, it is impossible for me to provide any meaningful feedback.

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