Berkshire Foreclosure Lawyer, New York


Dirk A. Galbraith

Land Use & Zoning, Litigation, Alimony & Spousal Support, Divorce
Status:  In Good Standing           

Richard P. Ruswick

Bankruptcy, Corporate, Business Organization, Construction
Status:  In Good Standing           

Stephen B. Flash

Collaborative Law, Family Law, Juvenile Law, Real Estate
Status:  In Good Standing           

Thomas P. Rizzuto

Real Estate, Estate, Education, Business, Wills & Probate
Status:  In Good Standing           Licensed:  40 Years

John C. Rosekrans

Wills & Probate, Trusts, Estate, Real Estate, Tax
Status:  In Good Standing           

Brett Steven Noonan

Criminal, Divorce & Family Law, Real Estate, Estate
Status:  In Good Standing           Licensed:  14 Years

Lee Matthew Van Houten

Landlord-Tenant, Collection, DUI-DWI, Divorce
Status:  In Good Standing           

Richard P Ruswick

Real Estate, Wills & Probate, Trusts, Bankruptcy, Estate
Status:  In Good Standing           Licensed:  38 Years

Keith E. Osber

Banking & Finance, Commercial Real Estate
Status:  Inactive           Licensed:  64 Years

Lori Grumet Schapiro

Commercial Real Estate, Real Estate, Unions, Banking & Finance
Status:  In Good Standing           

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Free Help: Use This Form or Call 800-943-8690

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LEGAL TERMS

GROSS LEASE

A commercial real estate lease in which the tenant pays a fixed amount of rent per month or year, regardless of the landlord's operating costs, such as maintena... (more...)
A commercial real estate lease in which the tenant pays a fixed amount of rent per month or year, regardless of the landlord's operating costs, such as maintenance, taxes and insurance. A gross lease closely resembles the typical residential lease. The tenant may agree to a 'gross lease with stops,' meaning that the tenant will pitch in if the landlord's operating costs rise above a certain level. In real estate lingo, the point when the tenant starts to contribute is called the 'stop level,' because that's where the landlord's share of the costs stops.

HOLD HARMLESS

In a contract, a promise by one party not to hold the other party responsible if the other party carries out the contract in a way that causes damage to the fir... (more...)
In a contract, a promise by one party not to hold the other party responsible if the other party carries out the contract in a way that causes damage to the first party. For example, many leases include a hold harmless clause in which the tenant agrees not to sue the landlord if the tenant is injured due to the landlord's failure to maintain the premises. In most states, these clauses are illegal in residential tenancies, but may be upheld in commercial settings.

RESTRAINT ON ALIENATION

A provision in a deed or will that attempts to restrict ownership of the property -- for example, selling your house to your daughter with the provision that it... (more...)
A provision in a deed or will that attempts to restrict ownership of the property -- for example, selling your house to your daughter with the provision that it never be sold to anyone outside the family. These provisions are generally unenforceable.

EXECUTRIX

An old-fashioned term for a female executor--the person named in a will to handle the distribution of the deceased person's property. Now, whether male or femal... (more...)
An old-fashioned term for a female executor--the person named in a will to handle the distribution of the deceased person's property. Now, whether male or female, this person is called either the executor or the personal representative.

DEVISE

An old legal term that is generally used to refer to real estate left to someone under the terms of a will, or to the act of leaving such real estate. In some s... (more...)
An old legal term that is generally used to refer to real estate left to someone under the terms of a will, or to the act of leaving such real estate. In some states, 'devise' now applies to any kind of property left by will, making it identical to the term bequest. Compare legacy.

IP

See intellectual property law.

ASSIGNEE

A person to whom a property right is transferred. For example, an assignee may take over a lease from a tenant who wants to permanently move out before the leas... (more...)
A person to whom a property right is transferred. For example, an assignee may take over a lease from a tenant who wants to permanently move out before the lease expires. The assignee takes control of the property and assumes all the legal rights and responsibilities of the tenant, including payment of rent. However, the original tenant remains legally responsible if the assignee fails to pay the rent.

NULLA BONA

Latin for 'no goods.' This is what the sheriff writes when she can find no property to seize in order to pay off a court judgment.

EMINENT DOMAIN

The power of the federal or state government to take private property for a public purpose, even if the property owner objects. The Fifth Amendment to the Unite... (more...)
The power of the federal or state government to take private property for a public purpose, even if the property owner objects. The Fifth Amendment to the United States Constitution allows the government to take private property if the taking is for a public use and the owner is 'justly compensated' (usually, paid fair market value) for his or her loss. A public use is virtually anything that is sanctioned by a federal or state legislative body, but such uses may include roads, parks, reservoirs, schools, hospitals or other public buildings. Sometimes called condemnation, taking or expropriation.

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 ...