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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 17865
Experience:  B.A.; M.B.A.; J.D.
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I have a property in the name of a corp. and have some

Customer Question

I have a property in the name of a corp. and have some default judgements by the Municipal Corp against my corp and therefore against my prop. i dont live in the prop. These default judgements were Administrative Hearings for sanitation violations or health
violations that i didnt respond to. The violations are several years old. Court refuses to reopen the cases. I filed a form on one instance to reopen an old case, but was turned down (the excuse for not responding was not acceptable) so i don't want to try
on other cases. My Partner in the corp is very very old -but is NOT SICK (hasnt been to the hospital) and NOT SENILE. The corporation counsel is threatening with Auctioning the property. The property is not owner occupied. I searched in civil court and other
courts and no Index number exists because these are not "regular" cases. 1)Is there another way to reopen these cases? OR 2) should I somehow start an action in another court to dismiss or reopen the default judgements? 3) Can i have these administrative hearings
(when i first get them and before they become jdgmnts ) moved to another court ? - 4)what is the advantage of moving them to another court? 5) Since the property is not registered with the municipality -Am i somehow NOT UNDER contract with them? Is there any
way to use this as a defense in my favor? 6) Finance dept sends notices to owner info that is on file 7) Is there a way to use my partners age as a defense? 7)No recorded Mortgage on the property but there is an existing ( Pre-judgments) mortgage (by my partner)
on the prop BUT it is not recorded. The Corporation Counsel has been made aware of this but says its too late because its not recorded. Recording mortgages is not a requirement-Can or Should I Record it now-Can this be a defense in case it goes to auction?
Thank you
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Phillips Esq. replied 1 year ago.

1)Is there another way to reopen these cases?

Response 1: No, there is no other way.

OR 2) should I somehow start an action in another court to dismiss or reopen the default judgements?

Response 2: You cannot do this. Case MUST be litigated in the Court where similar cases are pending and where the property is located.

3) Can i have these administrative hearings (when i first get them and before they become jdgmnts ) moved to another court ?

Response 3: You cannot for reasons already stated in my response #2

- 4)what is the advantage of moving them to another court?

Response 4: You cannot.

5) Since the property is not registered with the municipality -Am i somehow NOT UNDER contract with them?

Response 5: You are within the jurisdiction of the municipality because the property is located in the municipality.

Is there any way to use this as a defense in my favor?

Response 5: You cannot for reason stated in response #4

6) Finance dept sends notices to owner info that is on file 7) Is there a way to use my partners age as a defense?

Response 6: No.

7)No recorded Mortgage on the property but there is an existing ( Pre-judgments) mortgage (by my partner) on the prop BUT it is not recorded. The Corporation Counsel has been made aware of this but says its too late because its not recorded. Recording mortgages is not a requirement-Can or Should I Record it now-Can this be a defense in case it goes to auction? Thank you

Response 7: Recording a mortgage on the property now would have no impact on the auction--cannot be used as a defense against the auction.

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