• Elder Law Attorney Brooklyn Queens Bronx
  • Elder Law Attorney Brooklyn Queens Bronx
  • Elder Law Attorney Brooklyn Queens Bronx
  • Elder Law Attorney Brooklyn Queens Bronx
  • Elder Law Attorney Brooklyn Queens Bronx
  • Notable Black Leaders & Executives

NYS Attorney General Blasts City Councilwoman’s Eminent Domain Idea

New York State Attorney General Eric Schneiderman said that a plan by City Councilwoman Melissa Mark-Viverito to have the city seize properties using eminent domain as a way for homeowners to avoid foreclosure is something that is not viable.

Ms. Mark-Viverito, who represents East Harlem, is proposing that the city take ownership of the homes away from banks so that troubled homeowners can keep their homes. Mr. Schneiderman says that it can be risky for the city — or any other municipal government — to acquire private property this way, adding that if the city attempts to do this and it’s not done the right way, there could be unfavorable legal consequences for the city.

Mr. Schneiderman cited a similar plan adopted by the city council in Richmond, California that is facing skepticism. On September 11, the Richmond City Council voted 4-3 to allow the city to acquire “underwater” homes from lending institutions so borrowers can stay in their houses. The bill passed, 4-3. Those who voted against the bill said it would open the city to lawsuits and face a backlash from the lending industry.

Bottom line: Don’t wait for eminent domain to save your home. If you are facing foreclosure, contact our office or another attorney experienced in handling these matters. There are a number of legal options available to you.

Top Ten Estate Reasons Real Estate Closings Get Adjourned

#10-     An executor or administrator gives a power of attorney to a third party. Fiduciaries cannot delegate their authority.

#9-       The Seller does not come to closing with certified funds for transfer taxes.  Most Title companies will not take a personal check for transfer taxes unless authorized prior to closing.

#8-       The Buyer unaware that the bank deducts closing costs from mortgage proceeds and fails to bring certified funds to make up the difference.

#7-       The Executor of a Will that was not probated arrives at closing without Letters Testamentary.

#6-       A Religious Corporation arrives at closing without a Supreme Court order authorizing the sale.

#5-       The Seller arrives at closing with a payoff letter showing legal fees due. Seller may be in default on mortgage and must be in compliance with Home Equity Theft Protection Act.

#4-       A child of the deceased owner who lives in the house arrives at closing to execute the deed without an Administrator or an Affidavit of Heirship.

#3-       A seller with a docketed judgment that was discharged in bankruptcy believes he can sell the property free of that judgment.

#2-       Only one Executor shows up to the closing when Letters Testamentary where issued to two executors.

The Number 1 Reason is: Will names a specific person to receive the property but the Executor attends the closing to execute the deed.

 

*Make sure your Estate Attorney and Real Estate Attorney are knowledgeable about the relationship between estate matters and the purchase and sale of property.  Contact Attorney Tanya Hobson-Williams at (718) 210-4744 for more information.

Recognizing Signs of Elder Abuse in a Loved One

Many senior citizens who are too frail and vulnerable have become victims of elder abuse at the expense of strangers, trusted caregivers and even friends and family members. When one thinks of elder abuse, they think of physical abuse, but it goes beyond that.

Elder abuse takes many forms: sexual abuse (non-consensual sex), willful neglect (failing to provide food, shelter, healthcare or protection for a vulnerable patient), exploitation (stealing, misusing or concealing the seniors’ funds, property or assets for someone else’s gain), abandonment (leaving seniors by themselves without proper care), emotional abuse (verbal threats, humiliation and intimidation) and self-neglect (the failure of a person to perform essential, self-care tasks that may result in a threat of his/her own health or safety).

Signs of elder abuse include bruises, pressure marks and abrasions on the skin; broken bones; unexplained withdrawal from normal activities; depression; sudden changes in their financial situation; bedsores; poor hygiene; unusual weight loss; use of threatening behavior by a spouse; strained or tense situations and frequent arguments between the patient and caregiver.

Elder abuse came into the national spotlight in 2011 when legendary actor Mickey Rooney was granted court protection from his stepson and stepdaughter who he claims abused him, verbally, emotionally and financially. Mr. Rooney also accused his stepchildren of denying him food and medicine.

According to the American Psychological Association, an estimated 2.1 million senior citizens suffer some form of elder abuse. The National Elder Abuse Center report that 21% of elder abuse cases are self-abuse and financial abuse. If you suspect that an elderly loved one may be a victim of elder abuse, it is recommended that you call the authorities and contact us at Tanya Hobson-Williams, P.C..

Testimonials

“I want to take this time to thank Tanya and Keith for their professionalism and their ability to keep me calm during this process. Tanya was very helpful in explaining the whole guardianship process and my next steps. Despite my numerous emails, I never felt ignored or that they were growing weary of me. Even after being granted guardianship when I had an issue with the bank releasing money Tanya stayed calm and found a way to get what I was entitled to. I hope I never need to do this again but if I do, I will definitely come back to Tanya and her team. Thank you Thank you Thank you. Love from Bermuda.”

-K. Durham.
(An attorney in Bermuda transferring a Bermudian guardianship to NY)

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  • Phone: 718-210-4744
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