Archived
A hearing resulted in an order that there is no jurisdiction upon the court to take our civil case. It was dismissed without
Daniel's answer
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Answered on March 30, 2014
Jurisdiction is the power of the court to hear a matter. There are roughly two parts to jurisdiction: subject matter jurisdiction and personal...
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Does a mortgage assignment need to be recorded?
Daniel's answer
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Answered on March 25, 2014
Legally, an assignment is valid upon delivery, so the recording/non-recording does not make it valid or invalid. However, the lender needed to...
Archived
Does an power of attorney on mortgage have to be recorded?
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Answered on March 25, 2014
Generally, a power of attorney would only be recorded if an instrument affecting an interest in real property required it, or, if generally, the...
Archived
Should I sue an attorney for false affidavit of service?
Daniel's answer
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Answered on March 21, 2014
The answer to this question depends on whether the service was the initiatory papers or subsequent papers. If this was the Summons and Complaint,...
I have read CPLR 3025, but regarding the time that I can Amend the complaint.. what does that mean?
Daniel's answer
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Answered on March 20, 2014
This is a really complicated legal issue and you should consult with an attorney. There are three different ways to amend the Complaint in CPLR...
Archived
My attorney didn't answer a verified complaint by the deadline? What can I do?
Daniel's answer
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Answered on March 20, 2014
That depends on where you are in the action. If it is early, a phone call to the other party will likely resolve the issue. Alternately a motion...
Archived
My friend's ex-boss embezzled $1,000,000. My friend left the job. Should I report the boss?
Daniel's answer
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Answered on March 20, 2014
Avvo is not a proper forum for this type of specific legal advice. This is one of those situations where you should sit down with or speak to an...
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I purchased a foreclosure - cash deal. I just closed and found the house was improperly winterized and pipes are cracked.
Daniel's answer
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Answered on March 20, 2014
This really depends on the specific terms of the Contract, but probably not. On REO contracts, you are usually agreeing to take subject to...
Archived
How can a home owner
Daniel's answer
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Answered on March 20, 2014
Generally, when a new party purchases a note, that party sends out a "hello" letter to the borrower. Contact the party sending the "hello" letter...
Archived
What are the SOL in NY due to Bank Mortgage Fraud that caused a homeowner, with no history of mental illness to be admitted!
Daniel's answer
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Answered on March 19, 2014
The Statute of Limitations for fraud (of any kind) is six years from the occurrence or two years from the date of discovery. Having said that, you...
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