Real Property


      When it comes to construction lien rights, not everyone that touches the project is a proper lienor. Forget about timely serving a Notice to Owner or recording a claim of lien, if you are not a proper lienor, it does not matter if you properly perfected your lien rights. If you are not a proper lienor, you have NO lien rights under the law! Florida Statue s. 713.

      Florida Construction Legal Updates- 11 readers -
  • Original Notes and Loan Papers: What Does a Lender Need to Foreclose?

    … of the promissory note but need not show possession of the mortgage itself. So the question remains, how does a plaintiff “show possession” of the promissory note? Does the original need to be produced? Possession of the Original Promissory Note in New York In accordance with the common law “best evidence rule,” a party seeking to prove the disputed…

    Ronald D. Weiss, PC- 12 readers -
  • The Statute of Limitations Defense in New York Foreclosure Actions

    … rights are some of the most highly protected rights in the American legal system, which is why New York State requires lenders to navigate a plethora of procedural barriers in foreclosure actions. Expiration of the New York Statute of Limitations Pursuant to New York law, a foreclosure action must be commended in supreme court in the county…

    Ronald D. Weiss, PC- 14 readers -
  • The Statute of Limitations Defense in New York Foreclosure Actions

    … law, statutes of limitations enforceable in real property actions have been codified since the Roman Empire. As far back as 1236, the English Common law, on which our American system of law is based, put temporal limitations on a claimant’s rights to bring a legal action to reclaim real property. The purpose behind such a limitations period…

    Ronald D. Weiss, PC- 15 readers -

    …. As the court summed up a condition precedent: Under well established contract law, a condition precedent is a condition which calls for the performance of an act after a contract is entered into, upon the performance or happening of which its obligation to perform is made to depend…. Conditions precedent to an obligation to perform are those…

    Florida Construction Legal Updates- 10 readers -
  • Triggering the Statute of Limitations in a New York Foreclosure Action

    … and complaint in supreme court. Contact a Long Island Bankruptcy and Foreclosure Attorney for Case Analysis There have been a string of recent newsworthy New York foreclosure cases involving violation of the six-year statute of limitations. As New York has one of the nation’s longest foreclosure processes and loans are often transferred between…

    Ronald D. Weiss, PC- 9 readers -
  • Lapsing of the Statute of Limitations in New York Foreclosure Actions

    … Pursuant to New York’s Civil Practice Law and Rule 231 (4), a lienholder is generally required to bring judicial action on a note secured by a mortgage on real property within six (6) years of acceleration of the mortgage note. This can be accomplished by filing a foreclosure summons and complaint in supreme court or through some clear, overt act…

    Ronald D. Weiss, PC- 10 readers -
  • Buying Your Dream Home? Why You Should Call an Attorney

    …, because real estate agents are not lawyers, they are prohibited by law from drafting purchase agreements for the buying and selling of real property. Instead, they use standardized forms (prepared by attorneys) and merely fill in blanks with their customers’ information. This can cause problems because standardized forms often leave out important… 22 readers -

    … the lien or transfer that lien to another form of security other than the real property? 1) Notice of Contest of Lien – This is an efficient, cost effective strategy that I oftentimes prefer to use to truly determine whether a lienor (entity that recorded lien) actually intends on foreclosing on the lien. Recording a Notice of Contest of Lien…

    Florida Construction Legal Updates- 14 readers -
  • For How Long is a New York Judgment Enforceable?

    … as (1) against a person who within the twenty years acknowledges an indebtedness, or (2) makes a payment, of all or part of the amount recovered by the judgment. In the case of an acknowledgement of the judgment – the acknowledgment must be in writing and must be signed by the judgment debtor. The more common exception is a payment on the judgment…

    The Law Offices of Robert J Nahoum- 21 readers -
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