Archived
Answered complaint and then got an RJI days later. Do we answer the RJI and to whom? Waiting for loan Mod decision.
Daniel's answer
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Answered on December 16, 2013
An RJI is a "Request for Judicial Intervention." You do not answer an RJI. In a residential foreclosure, it must be filed at the time of filing...
Archived
My father just passed away without a will in the State of NY. We are hoping everything is left to Mom. Is that the case?
Daniel's answer
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Answered on December 15, 2013
If your father passed away while married to your mother, then the intestacy rules would apply. Under those rules, your mother, provided she was...
Archived
Do I have a legal mortgage if I have found they signed my name and not me?
Daniel's answer
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Answered on December 08, 2013
Generally speaking, a mortgage is effective if the person who owns the real property signs a mortgage which is then recorded against the real...
Archived
What is the best approach to handle Buyer's Broker Commission rebate from a buyer's perspective ?
Daniel's answer
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Answered on November 29, 2013
That is a kickback, pure and simple. If the buyer's agent is being paid X by the Seller, and a portion of "X" is being paid back to the buyer,...
Archived
Do lawyers ( even highly rated ones on AVVO )
have a right to tell a potential client NO to
representation?
Daniel's answer
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Answered on November 26, 2013
Yes, and it happens all the time. No attorney is obligated to take on a particular client or case unless they have been retained or appear in the...
Archived
How can I discharge an old mortgage that is satisfied?
Daniel's answer
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Answered on November 16, 2013
There are a number of ways this can be cleared. Speak to a real estate attorney and he or she can likely suggest a number of solutions that will...
Archived
Do i really only have 72 hours for eviction?
Daniel's answer
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Answered on October 31, 2013
The 72 hour notice states your minimum time before the Sheriff will return. He can evict you anytime after that. I would not expect that you will...
Archived
About foreclosure settlement process.
Daniel's answer
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Answered on October 31, 2013
During the foreclosure settlement conference part, the Court will not decide any pending motions, that is true. It is not necessarily stayed per...
If i buy an occupied house on short sale but there is no lease, can I collect rent or evict the tenants?
Daniel's answer
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Answered on October 28, 2013
If you buy a home (short sale or otherwise) that is occupied, the tenancies and their present status is usually one of the most critical issues to...
Archived
If i havent payed my mortgage on my home for 6yrs in nyc is their a statue of limitation where i dont have to pay
Daniel's answer
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Answered on October 23, 2013
Unfortunately, it is not that simple. Mortgages are installment payments and each payment has its own statute of limitations. If the loan has...
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