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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 4839
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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My farm was foreclosed on and there was $ 46,400.00 of farm

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My farm was foreclosed on and there was $ 46,400.00 of farm equipment, cars, pick up trucks, on my farm. Also appliances in home and furniture. Also shop tools (chain saws, string trimmers, heaters, tools. etc)
The new owner sold all my personal property after he said I could leave it on my farm as long as I wanted since it was not in his way. After foreclosure. (6 times he said)
Could you tell me if this new owner could sell my personal property? (New York State)
Also could you provide the location on Internet where I could read the laws about selling personal property after foreclosure? NY Laws. I filed a lawsuit for the property.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Damien Bosco replied 1 year ago.
Hi and Welcome! My name is XXXXX XXXXX will be assisting you. I am happy to help you.

You would still own the personal property. The new owner could sell your personal property but only after providing you notice to remove the property prior to sale. If you had an oral agreement to store the property on the premises pending removal, then there could be a breach of contract claim against the new owner.

The statutes governing foreclosures in New York can be found in Real Property Actions and Proceedings, Article 13, §§ 1301 to 1391, which can be found by going to http://public.leginfo.state.ny.us and clicking on “Laws of New York.” Also, with personal property, foreclosure rules generally follow the Uniform Commercial Code (UCC). It's a set of rules covering the sales of goods and other types of transactions.

I hope this helps you. Regards, Damien
Customer: replied 1 year ago.

I read Article 13 and UCC laws for New York. I am not seeing where it says anything about a new owner selling personal property of mine that was on my farm.


 


Could you provide any other information? New owners attorney contacted me yesterday and said he filed a Motion to dismiss my case under NY CPLR 3126 (3). He just said in letter but didn't send the motion for me to respond to.


 


I have an ORDER to pay attorney $ 1235.00 but told Judge on 4-1-13 that I had no money to pay at this time (Pro-Se).

Expert:  Damien Bosco replied 1 year ago.
Hi Richard: You would require case law research to support your position. It is beyond the auspices of this site. Possibly another expert who has just done a recent case similar to yours has the case law to support your position. Would you like me to opt out to see if another expert can help you further? Regards, Damien
Customer: replied 1 year ago.

yes

Expert:  Irwin Law replied 1 year ago.

Another expert here. I'll try to assist. Case law is not going to help you. Legal cases are extremely complex and without the legal training to interpret them, you'll end up citing a case that has nothing to do with yours. That's why judges are prone to disregard citations of authority by pro se litigants. They are seldom applicable. Further, if you sued under UCC or some foreclosure sale statute, you are in the wrong area of law to begin with. The case you describe seems to be one of a common law civil conversion. Check it out on Google. Basically, your adversary took personal property that belonged to you and sold it as his own. Thus he owes you the reasonable value of the property that he "converted to his own". Foreclosure Law as well as "sales" under UCC do not apply. If you can still go back and amend your complaint you might avoid having your suit dismissed. But whether you can prove the case at trial, plus collect damages is another matter. AND yes, the attorney must send you a copy of any motion that he files. Call his secretary and ask for one. I hope this Answer is helpful and that you will give it a positive rating. If you have any follow up questions please send back a Reply. You should consult a local attorney to verify that this information is accurate for your state. Thank you for using Pearl.com- Just Answer. We appreciate your business.

Customer: replied 1 year ago.

The lawsuit I filed was for bailment and conversion. If the Judge grants the motion to dismiss does the attorney lose the $ 1235.00 in the Order against me when the Judge dismisses the case?

Expert:  Irwin Law replied 1 year ago.
Why did the judge order you to pay the attorney fees? Such orders would usually survive the dismissal of the suit unless the judge rescinds it in the dismissal order. BTW, it doesn't look like you had a bailment. Definition of 'Bailment'is:
The contractual transfer of possession of assets or property for a specific objective. In a bailment transaction, ownership is never transfered. You could have removed the property at any time, and this would usually negate a contractual bailment where the bailor (you) has no right to possession or usage during the bailment. For example, when a bank holds a borrower's asset as collateral for a secured loan, this is a form of bailment. In this case, the bank is the bailee and the borrower is the bailor.
I hope this Answer is helpful and that you will give it a positive rating. If you have any follow up questions please send back a Reply. You should consult a local attorney to verify that this information is accurate for your state. Thank you for using Pearl.com- Just Answer. We appreciate your business.
Customer: replied 1 year ago.

Attorney asked for discovery. Started to provide. Attorney wrote and offered a settlement of $ 2500.00 and return any property not sold by his client. I offered to settle for $ 10,000.00 and nothing needed to be returned.


 


I stopped providing discovery thinking we were going to settle the matter. He sent motion to appear in court because I didn't finish discovery by the date Judge set. Judge set a new date for me to finish discovery. Attorney asked for $ 1235.00 for his time to come to court and his clients time to come to court. Judge agreed and ORDER for $1235.00 to Attorney.

Expert:  Irwin Law replied 1 year ago.
You can be fairly certain that Order will survive dismissal of the case. I hope you won't take this as a bad or poor service Answer, because I can't lie about it. You're stuck unless the attorney agrees to a reduction.
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 4839
Experience: Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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