We have recently encountered some issues during debt settlement negotiations with creditors. It now seems to be an increasing trend that creditors are requiring a power of attorney form, even from your attorney, to discuss the creditors accounts. Generally, a letter of representation or an authorization form is sufficient. Don’t be shocked however when they refuse to speak with any person who has not been given an effective power of attorney. Although it seems to be a little redundant to have an attorney given such powers (which the retainer has seemingly already given him), the hurdle is minor and is generally easier to comply with than to challenge. If there are any questions or concerns regarding whether or not granting your attorney the power of attorney is a wise decision, then feel free to call us at (516) 858-2620!
We proudly assist residents of Long Island: Nassau county, Suffolk county, New York City: Queens, Brooklyn, Bronx, Staten Island, and Manhattan with their debt issues.
Call (516) 858-2620 to arrange a FREE consultation with a Debt Settlement attorney!
Multiple Dwelling Registration
If a landlord in Queens, Brooklyn, Manhattan, Staten Island, or the Bronx wants to bring an action in Landlord-tenant court or request a code violation dismissal, it is important that he/she make sure their building has a multiple dwelling registration number and is properly registered with HPD’s Registration Assistance Unit. In order for a landlord to initiate a court action or to request a code violation dismissal, they must prove that the building ‘s registration is current. A building with three or more dwelling units must be registered with HPD’s Registration Assistance Unit. Additionally, owners of 1 and 2 family dwellings, where neither the owner nor any family member occupies the dwelling, are also required to register with HPD. The building’s registration must be renewed annually.
If you have questions or would like assistance with your Landlord-tenant matter, feel free to call our office at (516) 858-2620! As always, The Law Firm of VAUGHN & WEBER, PLLC is here to assist you. Contact us to arrange a FREE consultation. Thanks for stopping by!
Recently our office has been receiving an increased number of calls from Landlords seeking to evict tenants and who have started the process themselves. There are however issues that arise when the eviction process is started without the guidance of an attorney. First of all, there are certain guidelines that have to be followed regarding the time of notice given. Rules pertaining to service of this notice are also not the same in every county. If the service of such notice is untimely, the Landlord will be forced to start over.
Another issue is the language necessary for such notice to be valid. Omitting necessary language can lead to delays in the eviction process as well. Again, having some insight as to the requirements in each specific county will help.
There are several other issues that I choose not to bore you all with. The number one reason Landlords have told us that they chose to try to do their own Notice, was to save money on legal fees. In all honesty, the 30-day Notice is not a large portion of a fee for an eviction. It is certainly not worth the cost to the Landlord that delaying the eviction will cause. As with a lot of legal documents, this Notice can be done on your own. But, it will cost more in the long-run if you do it incorrectly and it needs to be fixed. Therefore, I strongly advise all Landlords to employ the services of an attorney to prepare and serve these documents to ensure their accuracy and compliance with all applicable statutes. As always, if you have any questions, feel free to contact our office at (516) 858-2620!
I was just served with a foreclosure summons and complaint, what should I do?
You should respond!
The summons tells you that a foreclosure action has been filed and that you have twenty (20) or thirty (30) days to respond. The complaint tells you why the foreclosure action was brought.
There are several different ways for you to respond to the foreclosure action (see our earlier post “What Can I do if I’m facing Foreclosure”). However, many of these responses won’t stop the foreclosure action or prohibit the bank from obtaining a default judgment against you. Generally, a default judgment will be issued if you fail to file an answer or other legal response when it is due. It is possible to defend a foreclosure action after a default judgment (see our earlier post “Defending Foreclosure after a Default Judgment”), but it is very risky, more difficult and will likely be more expensive. Therefore, it is best to avoid having a default judgment entered against you.
You should consider consulting a competent foreclosure defense attorney ASAP!
As always, The Long Island Foreclosure Defense Law Firm of VAUGHN & WEBER, PLLC is here to assist you. We are conveniently located in the heart of Nassau County, Long Island, at 217 Willis Avenue in Mineola, NY 11501. Contact us at (516) 858-2620 to arrange a consultation with a foreclosure defense lawyer.
Please visit our Foreclosure category to learn more about foreclosure issues.
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