Real Property

  • Original Notes and Loan Papers: What Does a Lender Need to Foreclose?

    … Especially for new homeowners, understanding the precise nature of every mortgage related document you sign throughout the closing process can be difficult. However, even though these original documents are the keys to ownership of your real property, the more a loan interest changes hands, the higher the likelihood that these original documents…

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

    … In order to fully grasp the sometimes alarming outcome of a foreclosure action when a lien holder violates the six (6) year statute of limitations governing such cases, it is important to understand why statutes of limitations are so prominent in real property actions. Although enacted by the legislator, as opposed to a derivative of the common…

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

    … that the action is time barred, file a motion to dismiss on that ground prior to answering the complaint, or in certain circumstances, file a motion for summary judgment that asks to the court to decide, as a matter of law, that the action is time barred. Generally, the moving party, that is, the party asking the court to take action, has the burden…

    Ronald D. Weiss, PC- 15 readers -
  • COMPLY AND UNDERSTAND CONTRACTUAL CONDITIONS PRECEDENT

    … Contracts oftentimes contain conditions precedent to payment or another affirmative obligation. The condition precedent needs to occur to trigger a party’s obligation to perform. If the condition precedent does not occur, then the obligation to perform is never triggered. Contracting parties need to understand and appreciate conditions…

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

    … Although the term “foreclosure” is used liberally whenever a mortgagor is unable to abide by the terms of his mortgage note, in New York, “foreclosure”1 actually refers to a supreme court lawsuit filed by the mortgage holder, traditionally a bank or finance company, against the mortgagee, traditionally a private homeowner. Foreclosure begins when…

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

    … will be modified during settlement negotiations. The acceleration becomes leverage for the lender during modification negotiations, but an experienced Long Island foreclosure attorney can advise you as to the benefits of either accepting or rejecting a modification offer depending on the nature of the statute of limitations. Contact an Experienced Long Island…

    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…

    www.kcarplaw.com- 22 readers -
  • OH NO! A LIEN IS RECORDED! WHAT ARE SOME OF MY OPTIONS?

    … 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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