Legal Question in Real Estate Law in New York

Leans on property

My cousin died in 1996 and shared ownership of a building in the Bronx, NY. Family members were not aware that she was named on the deed. The building she owned is unoccupied and has sustained substantial damage. A realtor contacted me to purchase it and I contacted a lawyer and hired a genealogist. The closest relatives of my deceased cousin have been identified. While the genealogy process was progressing, I took it upon myself to replace a severely leaking roof and paid a portion of back taxes and fines. I don't think at this point that I will be able to acquire this building. I am a second cousin and there are first cousins still living. My question is what do you think my chances are that I will be able to recoup the money I laid out to repair the roof, pay back taxes, and legal fees to stop the forclosure process after the public administrator makes a final decision of ownership? Will I have to place a lien on the building?


Asked on 12/19/05, 9:13 pm

2 Answers from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Leans on property

A lien on the property for your outlay is a good idea, in order to protect your interest in obtaining recoupment, possibly with interest.

You also need a NY attorney, ASAP.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 12/20/05, 6:59 pm
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Leans on property

NY property law is very tricky. It's more like security law rather than plain real estate as in other locales. You need to contact a NY real estate lawyer immediately.

Yes, you should be able to recoup your costs, and yes you will need to proceed to recoup those costs. Fortunately, property values in the NY area are sky high.

Again. Contact and hire an attorney in NY right away. I can make some referrals if you would like (I'm a Pennsylvania lawyer). Please contact me at [email protected] for those referrals.

Roger Traversa

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Answered on 12/20/05, 11:05 am


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