Carl Nelson

Bankruptcy

Chapter 11 Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Debt Relief

Foreclosure Defense

Real Estate Law

Commercial Real Estate, Condominiums, Mortgages, Residential Real Estate

State Bar of New York  # 4714788

Member

Current

Q. Is this fraud and if so, do I have legal recourse to do anything about it?

September 19, 2023

A: While an estate can owe funds for debt of a decedent which can be deducted from the distribution of their assets, you would not be liable on a loan you did not sign (in other words, you cannot “inherit” a loan). You can, however, inherit real estate and that real estate may be encumbered by a mortgage. You may have certain options as an heir to your mother’s estate, but a lot will depend on the myriad factual circumstances. It would therefore be wise to seek competent counsel with regard to your rights and obligations in this property.

Q. Counter claims left open despite motion to dismiss because they are evidence to the case

September 16, 2023

A: I’m not complete sure what your question is. Generally a court does not consider evidence on a motion to dismiss but rather the sufficiency of the complaint itself. So the court would assume that all the facts alleged in the complaint were true for the purpose of the motion and then decide if, even in that favorable light, the motion makes a valid claim for relief. It is a high bar, but you do not want to risk the case being thrown out, so it would not hurt to have an attorney review the case and the filings.

Q. How can my friend be protected for a giving me a short term loan in the event of my demise?

September 14, 2023

A: You can grant your the person loaning money a security interest in the real property. This gives the creditor a lien in the property and priority against unsecured creditors or secured creditors who come later in time. You would want to consult an attorney to have the correct forms prepared and filed.

View More Answers ›