Carl Nelson

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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Q. I need a consumer protection lawyer in New York City. I am dealing with a mortgage company .

March 23, 2023

A: Real estate transactions in New York typically have attorneys on both sides (and one for the bank, and for co-ops, one for the co-op itself). You should contact an attorney to review the contract of sale (or if not yet entered into, to review the seller's draft) and deal with any issues related to the mortgage financing. The contract will spell out your rights and obligations with regard to financing (assuming there is a financing provision).

Q. I just received in the mail sheriffs income execution.

March 23, 2023

A: You did not indicate when the judgment was entered, but I would assume it would be some time ago and it may be too late to vacate the judgment—but this would depend on some of the dates and other circumstances. Barring a vacatur of judgment, you could contact (personally or through an attorney) the judgment-creditor—the entity trying to enforce the debt—to try to work something out. Alternatively, if you had other debt, or it was worth it to stop this garnishment, you could explore a bankruptcy which would stop the garnishment. The first option, a settlement, may be more productive if the judgment-creditor knows you are considering a bankruptcy.

Q. Does my boyfriend have a claim to a house deeded to me?

March 23, 2023

A: I am not fully understanding his theory that he would be entitled to anything from you. Was he paying the mortgage or something other than the $200 for expenses? I can’t imagine $200/month comes close to half the costs to operate a home. More details may be helpful or you could contact an attorney for a free consultation.

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