Archived
What rights do I have as a homeowner when the other homeowner is renting a room out in my home without my consent?
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Answered on November 09, 2015
You can evict the tenant because he is trespassing on your property if you did not consent to rent it. You could also sue the other owner to...
Archived
Can a Landlord restrict me from spending time with my wife and children?
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Answered on November 09, 2015
I don't believe that the landlord can restrict your access to rented property if the tenants invite you. The landlord would need to get a...
Archived
Do I need a lawyer if the damage isn't fixed?
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Answered on November 09, 2015
Yes, you can sue them for negligence and property damage. Depending on the amount of the damage it may be a small claims case, which means that...
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Archived
Should My Fiancé Get A Lawyer?
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Answered on November 09, 2015
Yes, your fiance may have what is called a Section 1983 claim for a violation of civil rights. It is a very complex area of federal law.
Archived
Foreclosure sale as compulsory counter claim in Wrongful foreclosure complaint federal court NYS?
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Answered on October 10, 2015
If a sale has already been scheduled in state court, that means that a final judgment of foreclosure and sale was already issued. You cannot...
Archived
Does it usually take over 4 months to rule on a motion to dismiss in a post-foreclosure eviction case in Richmond County?
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Answered on October 07, 2015
Unfortunately the courts are overloaded and understaffed. Decisions on motions can take many months. Some litigants try to go over the judge's...
Archived
I was a claimant in small claims court; we were not sworn in my papers were not accepted my witness not allowed to testify Why ?
Scott's answer
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Answered on October 07, 2015
Small claims courts are overloaded and understaffed. They try to push cases towards arbitration. Many are night courts. The parties do have the...
Archived
In a foreclosure, as defendant, case filed 7-2013, Or. Co. NY I'm pro se, plaintiff said they filed Notarized L.M. but did not
Scott's answer
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Answered on October 07, 2015
An attorney would need to carefully review the documents in order to answer this question. Also, if you have already made a motion to dismiss and...
Archived
Emergency TRO motion for sale of house federal district court New York ?
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Answered on October 07, 2015
The usual practice is to try to give your adversary 24 hours notice by phone and email or fax and find out if they will intend to appear and oppose...
Archived
Federal court law suit & ITS IMPACT on pending foreclosure sale NYC area federal courts ?
Scott's answer
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Answered on October 07, 2015
This is an extremely complex area of law and it is not advisable to try to handle it pro se. Any attempt to to go Federal Court will likely be...
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