Familial Exception to Evictions

On December 8, 2011, in Landlord-Tenant, by John A. Weber IV, ESQ.

Familial Exception to Evictions

Familial Exception to Evictions

Although unfortunate, there are many situations where a person may wish to evict a family member from their property.  It seems that a very common misconception exists.  It seems that most people think that if the family member is over the age of 21, they can be evicted by simple summary proceedings.  This is not the case at all.  These special cases fall under what is known in New York as the Familial Exceptions to Evictions by Summary Proceedings.  This familial exception to evictions applies to designated types of relationships which have developed over time through case law.  If the type of relative that you are attempting to evict falls within these exceptions, the eviction process changes entirely.  It is important to be aware of the familial exception to evictions before an action is commenced to avoid unnecessary delays and costs.  As always, the best way to avoid these pitfalls is to consult with an attorney before proceeding.

Landlord Tenant Attorneys in Mineola

Please feel free to call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 to speak with a Landlord Tenant Attorney.

 

Purchasing a Small Business

On December 7, 2011, in Corporate, by John A. Weber IV, ESQ.

Purchasing a Small Business

Purchasing a Small Business?

Recently, there have been a number of clients who have had questions about purchasing a business.  There seems to be a few misconceptions regarding the types of agreements and the resulting tax consequences for each.  The first thing that should be stated is that the agreement being used will depend largely on the size of the business being transferred.  A publicly traded company is sold under terms and conditions which vary greatly from those under which a corner market is sold.  The inclusion or exclusion of company assets and employees also has an effect on the agreement.

As always it is prudent to speak to an attorney before entering into any agreement to buy or sell a business.  Seeking the advice of an accountant will also prevent a lot of trouble later on.   Please feel free to call (516) 858-2620 to speak with an attorney who can assist you in drafting a business purchase contract!

The Law Firm of Vaughn, Weber & Prakope, PLLC is here to assist you.

Settle 2nd Mortgage for 10% of amount owed?

On September 29, 2011, in Bankruptcy, Debt settlement, Foreclosure, by Robbie L. Vaughn, Esq.

Settle  Your Second Mortgage

Settle your second mortgage for 10% of the loan amount owed?

Let’s say you owe 90k on your second mortgage and the bank is willing to accept 9k in full satisfaction. Not bad, right? Well, we have heard of such an offer! Generally, we would want to consider any issues or problems with the first mortgage holder. Additionally, among other things, we would want to determine  if the Homeowner could and/or should file bankruptcy and “strip-off” the second mortgage. At any rate, such an offer is certainly worthy of careful consideration.

The Law Firm of Vaughn, Weber & Prakope, PLLC, proudly assists residents of Nassau county (Long Island), Suffolk county (Long Island), Queens (New York), and Brooklyn (New York) with their legal matters. Call (516) 858-2620 to arrange a consultation with an attorney!

Eviction Time Frame

On September 8, 2011, in Landlord-Tenant, by Robbie L. Vaughn, Esq.

Eviction Time Frame

Common question:

“Can you give me an eviction time frame?”

We are often asked, by both landlords and tenants, how long it takes to complete an eviction. The best answer we can give is: “The sooner the eviction process is started, the sooner it will be over.”  The are numerous things that can speed up or delay the eviction process. Right now, the Sheriffs and Marshalls, who actually execute the “warrant of eviction,” are quite backlogged. This has been adding a considerable amount of time to the eviction process. So, no one can tell you exactly how long the eviction process will take. At the moment, it is even difficult to give someone a “ballpark” time-frame for an eviction from  start to finish.

However, there are things that your attorney can do and/or suggest to speed the process up a bit and avoid further delay.

Landlord Tenant Attorney

The Law Firm of Vaughn, Weber & Prakope, PLLC proudly assists Landlords and Tenants in Nassau county (Long Island), Suffolk county (Long Island), Queens (New York) and Brooklyn (New York) with their landlord tenant matters. Call (516) 858-2620 to arrange a consultation with a Landlord Tenant attorney!

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. This website is Attorney Advertising. It does not form an attorney-client relationship. We are a debt relief agency and a law firm that helps people file for bankruptcy relief under the U.S. Bankruptcy Code – Title 11. Prior results do not guarantee a similar outcome. Proudly assisting residents of Long Island, Nassau county, Suffolk county, New York City, Queens, Brooklyn, Bronx, Staten Island, Manhattan