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Richard J. Chertock's Answers (6608)

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Archived

Family member thought she had her husband's power of attorney on mortgage, but didn't. Now the loan is in default.

Richard's answer | Answered on March 26, 2013

If there was no valid power of attorney in place at the time the mortgage was signed then the mortgage is invalid as it applies to your father. ...

Archived

My landlord served an eviction notice, someone from the town came in and tried entering my apartment.

Richard's answer | Answered on March 26, 2013

Sounds like it was a process server bringing you notice of a court action. I suggest you bring the paperwork to an attorney for a consultation. ...

Archived

A few questions on the landlord tenant trial and procedures...

Richard's answer | Answered on March 25, 2013

The eviction order and the money judgment would come at the same time after trial. Security and damages are another matter after the tenant has...

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Do we have a legal stance against other side of family who have never worked the farm and claim all we purchased theirs?

Richard's answer | Answered on March 25, 2013

This is too complicated a question to give an accurate answer in this forum. You need to schedule a consultation with an attorney that has...

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For home equity line of credit do both borrowers names have to on TITLE to the property for IT to become LEGAL/ENFORCEABLE?

Richard's answer | Answered on March 25, 2013

The HELOC had to have your mom's name on it as she was in title. They may have required your name as well as a guarantor. Typically, anyone who...

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If you rent a house in New York State is the landlord responsible for the garbage removal

Richard's answer | Answered on March 25, 2013

That depends on the terms of your lease.

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Loans from bank?

Richard's answer | Answered on March 25, 2013

There is no law prohibiting it, however, if you are not physically here, do not have a track record or other assets to back the loan and have not...

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I evicted tennat as of 3/30-they moved3/10 and turned heat and lights off

Richard's answer | Answered on March 25, 2013

Have they turned over the keys? If not, then they still have the right to be there. You can not evict without a court order. If they voluntarily...

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Criminal Usury Question in New York - Commerical Loan - Can prepaid interest be included in calculating criminal usury?

Richard's answer | Answered on March 25, 2013

If the Annual Percentage Rate for the loan exceeds 25% you have a case for criminal usury. This includes all forms of interest, whether prepaid or...

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I am interviewing for a freelance gig with a weird pay arrangement--to put me on retainer for a year at a flat rate.

Richard's answer | Answered on March 25, 2013

If you are not happy with the pay structure then don't sign the contract. Try and negotiate a pay structure more to your liking.