Coxsackie Foreclosure Lawyer, New York
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Michele Marie Walls
Commercial Real Estate, Foreclosure, Litigation, State Government
Status: In Good Standing Licensed: 32 Years
State St. And, Washington Ave, Albany, NY 12224
Profile LAWPOINTS™24/100
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William C. Codd
Immigration, Foreclosure, Child Support, Child Custody
Status: Inactive Licensed: 26 Years
980 Douglas Ct, Schenectady, NY 12309
Profile LAWPOINTS™24/100
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Christiaan Van Niekerk
Foreclosure, Bankruptcy, Landlord-Tenant, Bankruptcy & Debt
Status: In Good Standing
202 Union Street, Schenectady, NY 12305
Profile LAWPOINTS™32/100
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LEGAL TERMS
INTANGIBLE PROPERTY
Personal property that has no physical existence, such as stocks, bonds, bank notes, trade secrets, patents, copyrights and trademarks. Such 'untouchable' items... (more...)
Personal property that has no physical existence, such as stocks, bonds, bank notes, trade secrets, patents, copyrights and trademarks. Such 'untouchable' items may be represented by a certificate or license that fixes or approximates the value, but others (such as the goodwill or reputation of a business) are not easily valued or embodied in any instrument. Compare tangible property.
CONSTRUCTIVE EVICTION
When a landlord provides housing that is so substandard that a landlord has legally evicted the tenant. For example, if the landlord refuses to provide heat or ... (more...)
When a landlord provides housing that is so substandard that a landlord has legally evicted the tenant. For example, if the landlord refuses to provide heat or water or refuses to clean up an environmental health hazard, the tenant has the right to move out and stop paying rent, without incurring legal liability for breaking the lease.
DIRECT EXAMINATION
At trial, the initial questioning of a party or witness by the side that called him or her to testify. The major purpose of direct examination is to explain you... (more...)
At trial, the initial questioning of a party or witness by the side that called him or her to testify. The major purpose of direct examination is to explain your version of events to the judge or jury and to undercut your adversary's version. Good direct examination seeks to prove all facts necessary to satisfy the plaintiff's legal claims or causes of action -- for example, that the defendant breached a valid contract and, as a result, the plaintiff suffered a loss.
DIRECTOR
A member of the governing board of a corporation, typically elected at an annual meeting of the shareholders. Directors are responsible for making important bus... (more...)
A member of the governing board of a corporation, typically elected at an annual meeting of the shareholders. Directors are responsible for making important business decisions -- especially those that legally bind the corporation -- leaving day-to-day management to officers and employees of the corporation. For example, a decision to borrow money, lease an office or buy real property would normally be authorized by the board of directors. However, in the small business world, where it is common for owners to be directors, officers and employees simultaneously, distinctions dividing the roles and responsibilities of these groups are often blurred.
SEIZURE
The taking of physical evidence or property by law enforcement officials. This runs the gamut from taking blood for a drug test to impounding a car used in a ro... (more...)
The taking of physical evidence or property by law enforcement officials. This runs the gamut from taking blood for a drug test to impounding a car used in a robbery. The police must generally obtain a search warrant, or court order, before they can seize personal property.
INCIDENTS OF OWNERSHIP
Any control over property. If you give away property but keep an incident of ownership--for example, you give away an apartment building but retain the right to... (more...)
Any control over property. If you give away property but keep an incident of ownership--for example, you give away an apartment building but retain the right to receive rent--then legally, no gift has been made. This distinction can be important if you're making large gifts to reduce your eventual estate tax.
IP
See intellectual property law.
DIVIDEND
A portion of profits distributed by a corporation to its shareholders based on the type of stock and number of shares owned. Dividends are usually paid in cash,... (more...)
A portion of profits distributed by a corporation to its shareholders based on the type of stock and number of shares owned. Dividends are usually paid in cash, though they may also be paid in the form of additional shares of stock or other property. The amount of a dividend is established by the corporation's board of directors; however, state laws often restrict a corporation's ability to declare dividends by requiring a minimum level of profits or assets before the dividend can be approved.
MONTH-TO-MONTH TENANCY
A rental agreement that provides for a one-month tenancy that is automatically renewed each month unless either tenant or landlord gives the other the proper am... (more...)
A rental agreement that provides for a one-month tenancy that is automatically renewed each month unless either tenant or landlord gives the other the proper amount of written notice (usually 30 days) to terminate the agreement. Some landlords prefer to use month-to-month tenancies because it gives them the right to raise the rent after giving proper notice. This type of rental also provides a landlord with an easy way to get rid of troublesome tenants, because in most states month-to-month tenancies can be terminated for any reason.
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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