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Carl Nelson
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Practice Areas
- Bankruptcy
- Chapter 11 Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Debt Relief
- Foreclosure Defense
- Real Estate Law
- Commercial Real Estate, Condominiums, Mortgages, Residential Real Estate
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- State Bar of New York # 4714788
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- Attorney Carl J. Nelson
Legal Answers
78 Questions Answered
- Q. Who provides the short sale approval document at closing?
- A: Since you already have an attorney the proper person to address this would typically be your own attorney. Since no one on this forum has been privy to the details of this deal, we cannot give you better information than those who have been privy to it.
It is ultimately the seller’s responsibility to deliver title to the buyer, and ensure that there are no liens on the property. This would’ve been negotiated between you or your representative and the lender and then ultimately communicated to the title company who is responsible for ensuring unencumbered title to the property.
You mentioned “preapproval,” but I’m not totally sure what that means. You need to ensure that your lender ... Read More
- Q. What are the fees to file for Chapter 13 bankruptcy in New York?
- A: The filing fee for a chapter 13 is $313 and there are other costs such as credit counseling fees (between $10 and $40) that are mandatory. However, as others have pointed out, you really should consult with a New York attorney before making any decision that has such significant legal and financial implications. Many will offer free consultations and can offer phone or virtual consultations so you at least understand the total costs (including the attorney fees) and various options related to a bankruptcy filing.
- Q. How can probate stop foreclosure and allow time to sell my house in NY?
- A: If the foreclosure was just filed (as your questions suggests) it may not yet be the right to to consider a bankruptcy; especially if that is the only issue you are trying to resolve. If by "paperwork" you were referring to a notice of a sale, then that is a different story and you may well be in need of a bankruptcy. (Based on how you phrased the language, it sounds like you may be referring to a 90-day pre-foreclosure notice.)
There are a number of ways to deal with a mortgage loan in default in the foreclosure process, which starts with a mandatory mediation called a foreclosure settlement conference. In addition, if the estate was not named as a defendant, New York law requires ... Read More
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