Legal Question in Real Estate Law in New York

Re: Enroachment

You must APPEAR IN COURT in Person on the date scheduled. Be Early. When your case is called explain to the Court, (either the Law Assistant or Judge), that you require more time to get a lawyer and answer the complaint. Also, ask the Court for assistance or referral in obtaining counsel,or legal assistance; especially if you are experiencing hardship and have little or no experience with the Courts. Also explain why you believe you have a meritorius defense to the case and why the complainants do not.

Then get a lawyer. Try a local law school clinic, if all else fails.

GOOD LUCK,

PHROSKA L. McALISTER,ESQ

You will need a lawyer and your surveyors report may not be accepted by the Court as proof certain of your ownership.

Re: Enroachment

When you bought this house, did you buy title insurance? Is the title insurance company still in business? Notify them. They are supposed to defend this case for you.

If you have to do it yourself, I will tell you that $2500 to get started is bargain basement cheap. You need to answer the complaint by denying the things that are false, pleading ignorance of the things that you don't know, and admitting things that are true. Then you also have to raise your affirmative defenses, and this is where the services of a lawyer are invaluable and indispensable. In addition, you're going to need to take discovery, both written and by deposition.

In short, while you have the legal right to defend yourselves, it is beyond conception that you can do it successfully without the assistance of a lawyer. I emphasize that you almost certainly bought title insurance when you bought the house. If you refinanced the house since you bought it, you bought title insurance for the bank, but the issuer of that policy might give you a hard time.

This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon unless and until an attorney-client relationship is entered into. Doing so would require signing an engagement letter and depositing a retainer to secure payment of legal fees.