Afton Foreclosure Lawyer, New York
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325 Riley Rd, Windsor, NY 13865
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Rosemarie Richards
Bankruptcy, Family Law, Adoption, Real Estate
Status: In Good Standing Licensed: 23 Years
156 Coye Brook Rd, South New Berlin, NY 13843
Profile LAWPOINTS™22/100
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LEGAL TERMS
DEBENTURE
A type of bond (an interest-bearing document that serves as evidence of a debt) that does not require security in the form of a mortgage or lien on a specific p... (more...)
A type of bond (an interest-bearing document that serves as evidence of a debt) that does not require security in the form of a mortgage or lien on a specific piece of property. Repayment of a debenture is guaranteed only by the general credit of the issuer. For example, a corporation may issue a secured bond that gives the bondholder a lien on the corporation's factory. But if it issues a debenture, the loan is not secured by any property at all. When a corporation issues debentures, the holders are considered creditors of the corporation and are entitled to payment before shareholders if the business folds.
UNIFORM TRANSFERS TO MINORS ACT
A statute, adopted by almost all states, that provides a method for transferring property to minors and arranging for an adult to manage it until the child is o... (more...)
A statute, adopted by almost all states, that provides a method for transferring property to minors and arranging for an adult to manage it until the child is old enough to receive it. See custodian.
NOVATION
The substitution of a new contract for an old one. A novation may change one of the parties to the contract or the duties that must be performed by the original... (more...)
The substitution of a new contract for an old one. A novation may change one of the parties to the contract or the duties that must be performed by the original parties.
TESTAMENTARY DISPOSITION
Leaving property in a will.
ACT OF GOD
An extraordinary and unexpected natural event, such as a hurricane, tornado, earthquake or even the sudden death of a person. An act of God may be a defense aga... (more...)
An extraordinary and unexpected natural event, such as a hurricane, tornado, earthquake or even the sudden death of a person. An act of God may be a defense against liability for injuries or damages. Under the law of contracts, an act of God often serves as a valid excuse if one of the parties to the contract is unable to fulfill his or her duties -- for instance, completing a construction project on time.
USE TAX
A tax imposed by a state to compensate for the sales tax lost when an item is purchased outside of the state, but is used within the state. For example, you buy... (more...)
A tax imposed by a state to compensate for the sales tax lost when an item is purchased outside of the state, but is used within the state. For example, you buy your car in a state that has no sales tax, but you live across the border in a state that does have a sales tax. When you bring your car home and register it in your state, the state taxing authority will bill you for the sales tax it would have collected had you bought the car within the state.
TENANCY IN COMMON
A way two or more people can own property together. Each can leave his or her interest upon death to beneficiaries of his choosing instead of to the other owner... (more...)
A way two or more people can own property together. Each can leave his or her interest upon death to beneficiaries of his choosing instead of to the other owners, as is required with joint tenancy. In some states, two people are presumed to own property as tenants in common unless they've agreed otherwise in writing.
RUNNING WITH THE LAND
A phrase used in property law to describe a right or duty that remains with a piece of property no matter who owns it. For example, the duty to allow a public b... (more...)
A phrase used in property law to describe a right or duty that remains with a piece of property no matter who owns it. For example, the duty to allow a public beach access path across waterfront property would most likely pass from one owner of the property to the next.
VIEW ORDINANCE
A law adopted by some cities or towns with desirable vistas -- such as those in the mountains or overlooking the ocean -- that protects a property owner from ha... (more...)
A law adopted by some cities or towns with desirable vistas -- such as those in the mountains or overlooking the ocean -- that protects a property owner from having his or her view obstructed by growing trees. View ordinances don't cover buildings or other structures that may block views.
SAMPLE LEGAL CASES
US BANK, NA v. Collymore
... December 2007. On January 15, 2008 the Bank commenced this foreclosure action
alleging that it was the holder of the note and mortgage, and that the defendant had
defaulted upon his payment obligations as of August 1, 2007. In ...
Wells Fargo Bank v. Marchione
... OPINION OF THE COURT. LEVENTHAL, J. The issue presented on this appeal is
whether an assignee of a note and mortgage has standing to commence a foreclosure
action prior to the date of the execution of the assignment. ...
HSBC BANK, USA v. Dammond
... Chambers, JJ. DECISION & ORDER. ORDERED that the order is reversed, on the
law, with costs, and those branches of the motion which were to vacate the judgment
of foreclosure and dismiss the complaint are denied. This ...
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