Skip to main content
Vincent J. Gallo

Vincent Gallo’s Answers

840 total


  • Can I sue mortgage broker?

    I have posted a question before but have new info. Loan officer with locally owned mortgage broker company told me I was pre approved for loan. He has me order and pay for appraisal and inspection. Advises me to tell my current landlord I am movin...

    Vincent’s Answer

    More importantly, what the attorney who was representing you in connection with this real estate transaction have to say about all of this?

    See question 
  • Can I do a loan modification on our home without my husband?

    Husband and I are separated. Both of our names are on the mortgage and deed. He is listed as the borrower and I am listed as the co-borrower. We utilized his VA loan.

    Vincent’s Answer

    With both of you on the Mortgage, you would both need to be parties to a Modification Agreement. You cannot split the baby if you both intend to remain on the Deed and the Mortgage.

    See question 
  • I live in Staten Island am I required by law to have a fence in my yard?

    I replaced my fence about 15 yrs ago without any help from my neighbor. After hurricane Sandy it is in extremely bad shape. I have 100 ft wide yard this would be a huge expense. I would rather just take it down and not replace it.

    Vincent’s Answer

    A fence would only be required for purposes of enclosing in a pool, for safety reasons, as required by the Department of Buildings. Otherwise, you have no obligation to install a fence along your property lines.

    See question 
  • Will I get in trouble if I stop paying the property taxes

    I sold a house on contract and it was a friend. They got about ten months delinquent I file to recover the house they then file chapter 13. I had agreed to pay property tax on the original agreement since November I have only received fifteen hu...

    Vincent’s Answer

    You won't get in "trouble", so to speak, but at some point you will lose the property in a tax lien foreclosure.

    See question 
  • Can we call ourselves something else to get started?

    We are starting a small school. We found a site that would work but it cannot be zoned for school.

    Vincent’s Answer

    Can you call yourselves something else? Like what?

    See question 
  • If two people own a home together, can one party legally force the the other party to sell the house?

    For the past ten years I have been living in a duplex that I purchased as a co-owner who is my mother. Both our names are on the Deed. She wants to sell the house, I don't. Legally can she force me to sell it. ?

    Vincent’s Answer

    Yes she can, but you can bid to buy her share, end up with the entire house and then do as you alone see fit.

    See question 
  • Does the buyer need an attorney to represent them at the closing?

    Purchasing a house

    Vincent’s Answer

    Only if the purchaser wants to be conversant as to what her rights and obligations are under the terms of the contract and the law. If she doesn't really care, then don't bother.

    See question 
  • Backing out of a Home purchase with a disclosure error

    I am purchasing a home in Iowa. We have a purchase agreement and are still in escrow. In the Purchase Agreement disclosure, the seller states that the property is not in a flood zone. Quicken Loans (the Lender) says now that (and it's proven in...

    Vincent’s Answer

    If your contract provides that your obligation to close was strictly contingent upon the premises not being in a flood zone and the premises is, in fact, in a flood zone, then and in such case you should be entitled to cancel the contract and have your deposit returned to you upon your tender of proof to the Seller as yo the flood zone status. In this case, you should not need to rely on the mortgage issue.

    See question 
  • Can I buy it in my maiden name?

    Getting ready to buy a home.

    Vincent’s Answer

    At least in New York, by getting married, you do not dispense with your right to continue to utilize your maiden name, in addition to your married name. and the only prohibition against doing this would be if by doing this, you would be perpetrating a fraud of some kind.

    See question 
  • Is title insurance MANDATORY in Colorado when doing a re-finance on a home?

    I bought a home in Colorado, paid title insurance, then re-financed it two years later and was charged title insurance again.

    Vincent’s Answer

    Responding from a New York perspective only, the title insurance you acquired when you bought was an owner's policy which insured your ownership in the real estate. What you are now being asked to acquire is a lender's policy which insures the integrity of their mortgage that is most likely a condition of the lender extending you a mortgage, not unlike your being charged for the cost of an appraisal and a credit report, so it appears likely that your lender is making it mandatory as a condition of your closing.

    See question